지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2011.12
- 수록면
- 59 - 94 (36page)
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초록· 키워드
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The controversy over illegality is presented in relation to the method of enforced blood gathering for drunk drivers on the scene of car accident. Especially, it is impossible to get agreement from insensible drunk drivers in gathering their blood. In addition, there is a case that it is impossible to prove the seizure and search without the warrant, which is pointed out as a serious problem.
In the light of the intent of the regulations of the current Criminal Procedure Law and the judicial precedents of the Supreme Court, there is the following method of establishing the legality of enforced blood gathering for drunk drivers: the method of asking the doctor or nurse to gather the blood and getting it submitted voluntarily or getting the warrant for testing seizure and search issued after requesting it and getting the blood; the method of taking the insensible drunk driver to the hospital, gathering his or her blood without the warrant and getting the warrant for testing seizure and search after it.
But these methods have some limitation since they intrude on individuals' right to dominate the information on their blood or cannot have the requirements for testing seizure and search without the warrant on the criminal place during the crime or shortly after the crime. To secure the legality of enforced blood gathering for drunk drivers, it is necessary to construct the institutional system for the judge to issue the warrant for testing the seizure and search the investigative agency requests even at night, within several hours or solve it in a legislative way through the amendment of the Criminal Procedure Law.
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UCI(KEPA) : I410-ECN-0101-2017-360-001375095