위드마크(Widmark) 공식의 적용에 대한 대법원 판례의 문제점

• 영문명: Problems with judicial precedents of the Supreme Court regarding application of Widmark Equation
• 발행기관: 한국형사법학회
• 저자명: 황일호(Hwang, Il-Ho)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제1호, 375~398쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.28

영문 초록

In order to punish drunk driving pre-requisite is accurate measurement of blood alcohol concentration. As for method of measurement there are measurement with spirometer and collection of blood. When measurement through above mentioned method is difficult there is method of calculation by Widmark Equation. The Supreme Court recognized Widmark Equation as experiential evidence. And Supreme Court stated that strict proof is required for factors in need of its application and further abstractedly stated that factors which can influence blood alcohol concentration should be confirmed objectively and rationally with assistance of people with professional knowledge and experience. But in reality there were no such practise of proving rigorously or receiving assistance from people with professional knowledge or experience. In additional to such attitude of Supreme Court investigative agencies recognize level of increased value in blood alcohol concentration by means of back calculation and apply it as standard for punishment thus creating aggravated punishment for the drivers. Accordingly problems of its application by the Supreme Court it appears there is need for considerable limitation on Widmark Equation which is now used indiscriminately. In principle use of Widmark Equation should be prohibited and allowing its use exceptionally through appraisal by professionals will be a realistic solution for striking balance between need for Widmark Equation and basic principle of Criminal Proceedings Law professing for presumption of innocence until proven guilty.

목차

Ⅰ. 서 론

Ⅱ. 음주운전의 규제와 입법

Ⅲ. 혈중알콜농도의 측정

Ⅳ. 위드마크(Widmak) 공식

Ⅴ. 대법원 판례에서의 위드마크 공식의 적용

Ⅵ. 판례상의 위드마크 공식 적용의 문제

Ⅶ. 위드마크 공식의 제한적 적용의 필요성

Ⅷ. 결 론

Abstract

키워드

위드마크 공식 음주운전 혈중알콜농도 경험법칙 Widmark Equation Drunk Driving Blood Alcohol Concentration Experiential Evidence