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Amid the never-ending drunk driving cases, a police officer recently escaped the crackdown on alcohol and turned up 10 hours later. In this case, it is said that the punishment is not easy. Because the law has a blind spot, is there a way to correct it? Reporter Kim Kyung-soo pointed out. On the 7th of last month, Inspector A from the North Gwangju Police Station was caught by the police who followed him after folding the car before the crackdown for drunk driving. However, just before taking the breathalyzer test, he escaped the 4-meter-high retaining wall and, just 10 hours later, voluntarily went to the police station. Of course, the blood alcohol concentration was 0%. Police are planning to estimate Inspector A’s blood alcohol concentration using the official Withmark, but there is no guarantee that it will lead to actual punishment. The Widmark formula is a technique that inversely estimates the blood alcohol concentration at a specific time taking into account the alcohol concentration, alcohol consumption, weight, sex, etc., because there have been many cases where this estimate has not been recognized as central evidence in the trial. In 2015, a man who bought cream bread for his wife at term and went home was killed in a hit-and-run accident. The prosecution applied the Widmark formula to perpetrators who surrendered after 19 days and turned them over to trial, but the court found drunk driving innocent because it was not sufficiently proven. In 2018, the acquittal of announcer Lee Chang-myeong for drunk driving was also a representative case where the official Widmark was not recognized. As the current Widmark formula has its limitations, it is argued that a new Korean model is needed. In addition, some pointed out that there is a blind spot in the current law, although those suspected of driving while intoxicated should be kept out of repression. In the above case of Inspector A, it is difficult to apply the charge of ‘refusing to measure alcohol consumption’ because the police escaped before notifying the alcohol measure, and the ‘crime of fleeing’ was also not established because the status of secure recruits by notifying the Miranda principle. Furthermore, it seems that it is difficult to apply the crime of obstruction to the execution of public affairs because there is no aggression or threat from the police during the flight process. The police are cautious in applying the charges as the issue is of great social interest. While the special period of police crackdown continues to lead to drunk driving-related accidents, the voice of the need to prevent drunk driving by introducing a device that prevents the car from starting when the drink is gaining strength. YTN Kim Kyungsoo[[email protected]]is. ※ ‘Your report becomes news’ YTN awaits your valuable report.
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