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Supreme Court Rules "Test Results Cannot Be Used as Evidence" Due to Lack of Water to Rinse Mouth Before Breath Test

(Seoul = Yonhap News) Reporter Kim Bit-na = Supreme Court rules that if a driver was not provided with water to rinse their mouth before a breathalyzer test, the results cannot be used as evidence of guilt...

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The Supreme Court ruled that measurement results obtained without providing a mouth rinse during drunk driving enforcement constitute illegally collected evidence. As the police procedure for providing mouth rinses has been elevated to a Ministry of the Interior and Safety decree, measurements obtained without complying with this requirement can no longer be used as evidence. The Supreme Court overturned the lower court's guilty verdict on the g…

(Seoul = Yonhap News) Reporter Kim Bit-na = Supreme Court rules that if a driver was not provided with water to rinse their mouth before a breathalyzer test, the results cannot be used as evidence of guilt...

·Seoul, Korea (the Republic of)
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A driver who was brought to trial on charges of drunk driving and received a suspended prison sentence in both the first and second trials has had his verdict overturned by the Supreme Court. The Supreme Court ruled that if the police did not provide water to rinse the mouth before the breathalyzer test, the test results cannot be used as evidence of guilt. According to legal sources on the 25th, the Supreme Court’s First Division (presiding J…

If a police officer conducted a breath test without providing water to rinse the mouth during a drunk driving crackdown, the measurement results cannot be used as evidence of guilt.

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asiae.co.kr broke the news on Sunday, October 25, 2026.
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