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| TITLE | Seoul High Court 2022Noh1406 Decided November 3, 2022: Confirmed 【Violation of Road Traffic Act (drunk driving)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 In the case where: Party A collided with another vehicle while driving, and the police officer who was on the scene immediately afterwards requested the measurement of intoxication using a breathalyzer, but the results of the breathalyzer were disputed and blood collection was requested, so a “blood collection consent and confirmation form” was signed and blood was collected at a hospital under police supervision, but Party A returned home immediately without being issued the seized item list and signing the voluntary submission form, seizure report (voluntary submission), and waiver of ownership, and so the police went to Party A’s residence on the afternoon of that same day to request that Party A sign the voluntary submission form, seizure report (voluntary submission), and waiver of ownership, but Party A refused and Party A was charged with violating the Road Traffic Act (drunk driving) on the basis of the blood alcohol level based on the blood alcohol level detected from the above obtained blood samples, it was held that Party A’s blood that was collected as above does not constitute unlawfully collected evidence, and that the blood alcohol level, which is secondary evidence that was obtained based on the above blood samples, is also admissible as evidence. | |
