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| TITLE | [Violation of the Road Traffic Act (Drunk Driving)]Supreme Court Decision 2005Do3904 Delivered on July 28, 2005 [full Text] |
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| Summary | |
| [1] The point of attention in the application of the Widmark Factor, which is a retrograde extrapolation formula used to estimate a level of alcohol in the blood [2] The case holding that where the most favorable decreasing figure to the defendant was applied in calculating his blood alcohol level according to the Widmark Factor and the blood alcohol level at the time of spotting drunk driving came out to be 0.051%, which goes over 0.05% that is the legal limit under the Road Traffic Act, it could not be firmly determined that the defendant’s blood alcohol level at the time of driving indeed went beyond the legally permitted level, in consideration of various circumstances such as the probability of error that occurs in the process of specifying the time of occurrence | |
