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| TITLE | Supreme Court Decision 2020Do6417 Decided December 28, 2023 【Violation of the Road Traffic Act (Driving under the Influence)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 Method used to calculate blood alcohol concentration (BAC) level at the time of driving by a result produced from the calculation in accordance with a mathematical method applying the Widmark formula, and whether a strict proof is required with regard to individual and specific facts serving as a premise for the application of the Widmark formula (affirmative) Matters to be considered when calculating the driver’s alcohol metabolism rate per hour Whether the outcome of the calculation of the BAC level at the time of driving estimated through the application of the Widmark formula by putting a statistical figure that is most favorable to the Defendant from credible public statistical data about alcohol metabolism rate per hour (affirmative) | |
