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The court found that there was no problem with a drunk driver who sought to annul his license because of an error in the meter itself or an abnormal blood alcohol level due to taking cold medicine.
On the 6th, Judge Heo Yi-hoon of the Daegu District Law Administrative Division dismissed Mr. A's claim in the lawsuit filed by plaintiff A against the Daegu Police Commissioner for the cancellation of the license to drive a motor vehicle and ordered him to bear the legal costs.
At around 9:8 p.m. on September 10 last year, Mr. A was suspended from a Class 50 large and Class 500 ordinary driver's license for driving a passenger car drunk for about 1 meters from a parking lot in Daegu to a nearby road.
As a result of the investigation, Mr. A stated that he drank two bottles of cold medicine that afternoon due to cold symptoms, drank two or three glasses of soju at an evening drinking party, and then got behind the wheel because he couldn't get a taxi for about an hour.
At the time, Mr. A's blood-alcohol level was 1.2%, the level at which his license was revoked.
In response, Mr. A filed a lawsuit, saying, "This is an incomprehensible figure considering the amount of alcohol drunk and the time that has elapsed since drinking alcohol," and "I suspect that it is an abnormal number due to an error in the meter itself or taking cold medicine."
It also argued that "the revocation of the license is unduly harsh considering that a driver's license is required because he is working on a water truck at a construction site, that he did not drink too much, and that the distance of drunk driving is relatively short and that no accidents have occurred as a result."
However, the court found that "there is no problem with the revocation of the license issued by the police on the basis that Mr. A did not dispute the readings at the time of the blood alcohol content measurement and did not request a re-measurement through a blood draw, and that Mr. A's condition was listed as 'incorrect pronunciation,' 'staggering,' and 'red eyes' in the investigation report left by the police at the time."
"At that time, the breathalyzer was calibrated at least three times a year to maintain accuracy, so there was little chance of error in the measured readings, and there was no evidence to suggest that acetaminophen contained in cold medicine taken several hours earlier affected the blood alcohol concentration reading," the court said.