'No' to arbitrary blood test: Supreme Court

The Supreme Court has ruled that an arbitrary blood test conducted on an unconscious motorist suspected of drunk driving cannot be admitted as evidence.

The ruling was made on a 59-year-old Kim who was indicted for riding his motorcycle while intoxicated. He ran into a car in front of him then passed. The court said he was innocent.

In the verdict, the presiding justice said the police took blood samples from Kim while he was unconscious without a warrant.

“Evidence obtained under such circumstances is not admissible as evidence,” he said, upholding the ruling of the lower court.

Kim got into the accident in March after having drinks with friends.

The police obtained the approval of his son and took his blood sample and determined that the alcohol content was 0.211 percent.

The lower court ruled that the evidence was inadmissible but the investigating authorities took the case to the Supreme Court.