음주운전자의 동의 없는 채혈의 증거법적 검토

• 영문명: A Review of Unconsented Blood Sample Taking of DUI suspect in the Aspect of Rules of Evidence
• 발행기관: 성균관대학교 법학연구원
• 저자명: 노수환(Roh, Soo-Hwan)
• 간행물 정보: 『성균관법학』成均館法學 第24卷 第4號, 311~337쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.12.31

영문 초록

Compulsory taking a blood sample from an unconscious DUI suspect who caused a traffic accident is possible in the following three methods: first by an expert appointed by law enforcement agency under court’s approval, second as a necessary disposition for seizure authorized by a seizure warrant, and third as a necessary disposition for inspection authorized by an inspection warrant. In order to determine the substantive truth it is highly necessary to quickly take a blood sample from a DUI suspect. Therefore it should be allowed to first take a blood sample and obtain a warrant afterward under Section 216 (3) of the Criminal Procedure Law. If an unconscious DUI suspect is evacuated to a hospital, and is able to be recognized as a f1agrant offender or a quasi-flagrant offender by common sense, the ‘urgency’ requirement of Section 216 (3) should be considered as met. Moreover, if a DUI suspect is evacuated to hospital and it was not appropriate to take a blood sample from the accident scene, the emergency room can be acknowledged as the ‘scene of the offense’. The Supreme Court agrees that Section 216 (3) can be applied to allow taking of blood samples from unconscious DUI suspects in the emergency room, and this viewpoint seems reasonable.

목차

Ⅰ. 들어가며

Ⅱ. 강제채혈의 법적성질

Ⅲ. 긴급 강제채혈의 허용 여부

Ⅳ. 마치며

Abstract

키워드

의식을 잃은 음주운전자 강제채혈 압수영장 형사소송법 제216조 제3항 범죄장소 Unconscious DUI suspect Compulsory taking a blood sample Seizure Warrant Article 216 (3) of the Criminal Procedure Law The Scene of the Offense