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| TITLE | Supreme Court Decision 2010Do2094 Decided March 14, 2013¡¼Violation of the Road Traffic Act (Drunk Driving) [full Text] |
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| Summary | |
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[1] Cases where evidence collected in violation of due process and its secondary evidence can be admitted exceptionally [2] Where, after the breathalyzer test, blood sampling upon the suspect¡¯s request for impeachment was done during the illegal arrest without cut-off from such situation time and place-wise, and mentally, whether such blood sampling test result can be admitted as evidence for conviction (negative in principle); and whether Defendant or attorney¡¯s consent to its admissibility does not change the conclusion (affirmative) |
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