Blood collected without consent may not be used as evidence

By Kim Bo-eun

The Supreme Court ruled Wednesday that blood collected without consent from an unconscious drunken driver after an accident cannot be used as evidence as driving under the influence.

The court said it confirmed the lower court’s not-guilty verdict for 59-year-old Kim who had been indicted for crashing into a car while riding on his motorbike after drinking.

“If the police collected the defendant’s blood without a warrant, this can be regarded as having violated the principle of the criminal procedure code,” said the presiding judge.

“We upheld the lower court’s verdict that evidence collected without following the proper procedure cannot serve as evidence,” he said.

In March last year, Kim crashed into a car ahead of him in Gwangmyeong, Gyeonggi Province, while riding his motorbike after drinking with his friends. He became unconscious after the crash and was taken to a nearby hospital.

Kim was indicted on charges of driving under the influence, after a blood test conducted with consent from his son showed his blood alcohol concentration was 0.211 percent.

The figure is much higher that the allowable limit of 0.1 percent. A driver’s license is cancelled if the level exceeds the limit.

Both the district and high court already declared Kim not guilty as the judges said blood obtained through forced methods cannot be acknowledged as evidence.