Press Release | DUI "Alcohol Padding" Allegations: Proving Intent to Obstruct Measurement Emerges as Key Issue
Lawyer Seo In-seok of Jinheon Law Firm explained that, in cases involving obstruction of breath alcohol testing, circumstantial evidence often plays a more critical role than direct evidence. In particular, the suspect’s confession, statements from companions and witnesses, payment records from drinking establishments, and messenger records such as KakaoTalk may serve as key evidentiary materials.
He further noted that factors such as whether the suspect was aware of a situation in which a breath test would likely be conducted, whether the suspect left the scene after the incident, and whether there are circumstances indicating hurried additional drinking after moving locations—deviating from ordinary behavior—can be considered important indicators suggesting a so-called “post-incident drinking” attempt.
In addition, Attorney Seo emphasized that, in purpose-based offenses such as obstruction of breath alcohol testing, proving the intent to interfere with the test is the central issue. He added that the burden of proof in establishing such intent may, to some extent, also affect the suspect, in addition to the investigative authorities.
| View original article: www.news1.kr/society/incident-accident/6104046
Press Release | DUI "Alcohol Padding" Allegations: Proving Intent to Obstruct Measurement Emerges as Key Issue
Lawyer Seo In-seok of Jinheon Law Firm explained that, in cases involving obstruction of breath alcohol testing, circumstantial evidence often plays a more critical role than direct evidence. In particular, the suspect’s confession, statements from companions and witnesses, payment records from drinking establishments, and messenger records such as KakaoTalk may serve as key evidentiary materials.
He further noted that factors such as whether the suspect was aware of a situation in which a breath test would likely be conducted, whether the suspect left the scene after the incident, and whether there are circumstances indicating hurried additional drinking after moving locations—deviating from ordinary behavior—can be considered important indicators suggesting a so-called “post-incident drinking” attempt.
In addition, Attorney Seo emphasized that, in purpose-based offenses such as obstruction of breath alcohol testing, proving the intent to interfere with the test is the central issue. He added that the burden of proof in establishing such intent may, to some extent, also affect the suspect, in addition to the investigative authorities.
| View original article: www.news1.kr/society/incident-accident/6104046