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@article{ART001638459},
author={이창섭},
title={Admissibility of Evidence of Test Result of Blood Sample Taken from Unconscious Drunk Driver without His Consent},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2012},
number={54},
pages={355-386}

TY - JOUR
AU - 이창섭
TI - Admissibility of Evidence of Test Result of Blood Sample Taken from Unconscious Drunk Driver without His Consent
JO - DONG-A LAW REVIEW
PY - 2012
VL - null
IS - 54
PB - The Institute for Legal Studies Dong-A University
SP - 355
EP - 386
SN - 1225-3405
AB - Physical examination is a kind of inspection of evidence. As blood test by investigation agency falls with physical examination, it is also inspection of evidence. Blood test involves taking a blood sample. Therefore, if investigation agency tries to take a blood sample from a suspect and test it, the warrant for inspection of evidence should be issued by a judge of a competent district court. But article 216 (3) of the criminal procedure act says “If it is impossible to obtain a warrant issued by a judge of the court because of urgency at the scene of an offense, seizure, search or inspection of evidence may be conducted without a warrant. In this case, a warrant shall be obtained after the act without delay.”According to this article, investigation agency can take a blood sample from unconscious drunk driver without his consent but shall obtain a warrant after the act without delay. In this case, it is ineffective to obtain a warrant before the act because alcohol is quickly diluted in the blood. ‘The scene of an offense’ of this article is to include the hypothetic locus of the arrest where investigation agency could arrest a suspect. ‘Supreme Court Decision 2009Do2109 Decided April 28, 2011’ affirms the applicative possibility of article 216 (3) of the criminal procedure act in the case of taking a blood sample from unconscious drunk driver. In conclusion, Test result of blood sample taken from unconscious drunk driver without his consent may be used as evidence when a warrant for inspection of evidence is obtained after the act without delay.
KW - Unconscious Drunk Driver;Test Result of Blood Sample;Warrant for Inspection;Article 216 (3) of the Criminal Procedure Act;The Scene of an Offense
DO -
UR -
ER -

이창섭. (2012). Admissibility of Evidence of Test Result of Blood Sample Taken from Unconscious Drunk Driver without His Consent. DONG-A LAW REVIEW, 54, 355-386.

이창섭. 2012, "Admissibility of Evidence of Test Result of Blood Sample Taken from Unconscious Drunk Driver without His Consent", DONG-A LAW REVIEW, no.54, pp.355-386.

이창섭 "Admissibility of Evidence of Test Result of Blood Sample Taken from Unconscious Drunk Driver without His Consent" DONG-A LAW REVIEW 54 pp.355-386 (2012) : 355.

이창섭. Admissibility of Evidence of Test Result of Blood Sample Taken from Unconscious Drunk Driver without His Consent. 2012; 54 : 355-386.

이창섭. "Admissibility of Evidence of Test Result of Blood Sample Taken from Unconscious Drunk Driver without His Consent" DONG-A LAW REVIEW no.54(2012) : 355-386.

이창섭. Admissibility of Evidence of Test Result of Blood Sample Taken from Unconscious Drunk Driver without His Consent. DONG-A LAW REVIEW, 54, 355-386.

이창섭. Admissibility of Evidence of Test Result of Blood Sample Taken from Unconscious Drunk Driver without His Consent. DONG-A LAW REVIEW. 2012; 54 355-386.

이창섭. Admissibility of Evidence of Test Result of Blood Sample Taken from Unconscious Drunk Driver without His Consent. 2012; 54 : 355-386.

이창섭. "Admissibility of Evidence of Test Result of Blood Sample Taken from Unconscious Drunk Driver without His Consent" DONG-A LAW REVIEW no.54(2012) : 355-386.