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| TITLE | Supreme Court Decision 2011Do15258 decided November 15, 2012[Violation of the Road Traffic Act (Driving under the influence)] [full Text] |
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| Summary | |
| [1] Whether a blood alcohol level test result using blood samples collected without a warrant or permission for appraisal is admissible as evidence (negative in principle), and whether the evidence still remains inadmissible if the defendant et al has consented (affirmative) [2] The legal nature of forced collection of blood (=the necessary measures for conducting blood tests, or execution of seizure warrant) [3] In a case where an unconscious driver caused a traffic accident while driving under the influence and was transported to the hospital; whether the investigative body may subject the driver to forced blood collection without a warrant (affirmative with restriction), and whether acquiring a seizure warrant after the event is necessary (affirmative) | |


