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driver who had an accident while driving while intoxicated at the level of revoked license was not accused.
The driver's mouth must be rinsed with plain water before breathing is measured, and the police missed the process.
Reporter Kim Sang-min covered it.
<Reporter>
In October last year, 41-year-old Kim Jae-min got into an accident while carrying young children and his wife.
A car suddenly popped out near the intersection and hit the side of the vehicle.
The blood alcohol concentration of Mr. Bae Mo, 33-year-old driver of the offender vehicle, was 0.09%, the level of'license cancellation'.
It was also confirmed that he was caught drunk driving in 2019.
All of the Kim's family were hospitalized, and a car repair cost of 12 million won came out.
Nevertheless, Mr. Bae, the offender driver, only paid a fine for profanity to the police, and was not charged with drunk driving.
The reason is insufficient evidence.
Water to rinse your mouth must first be provided when taking your breathalyzer, which was omitted by the police at the time.
[Kim Jae-min / Accident Victim: I think it is the most unfair to receive no punishment (for drunk driving).
This is my second time, and I don't know what kind of accident will happen next...
.]
Supreme Court precedents also did not admit the measurement results that omitted this procedure.
At that time, there were a total of eight police officers on the scene, but no one noticed the fact that the instructions to rinse your mouth with this water before drinking alcohol were not followed.
The police explained that it was a mistake that occurred in a situation where the offender was in a riot.
[Kim Jae-min / Accident Victim: (The offending car owner) gave a lot of swear words (to the police) to the point that it was almost like a struggle for about 30 minutes...
.]
The police said they would inform the victim that Kim could file a lawsuit for damages against the state.
(Video coverage: Lee Chan-soo, video editing: Kim Sun-tak)