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| TITLE | [Violation of the Special Act on Traffic Accident Disposition and the Road Traffic Act(Driving under the Influence of Alcohol)]Supreme Court Decision 2008Do5531 Delivered on August 21, 2008 [full Text] |
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| Summary | |
| [1] The requirement for allowing the result of a driver's blood alcohol level measurement as evidence for a conviction [2] The degree and method of proof that is required for an acknowledgment of premise in the case where the degree of drunkenness is calculated with the Widmark formula [3] The case holding that it cannot be determined that driving under the influence of alcohol existed in light of the facts that the driver's blood alcohol level measurement was done without any measures to prevent an excessive result, which may occur from alcohol remaining within the mouth and an inappropriate weight-related Widmark formula that was used in the calculating the blood alcohol level | |
