도로교통법 제41조 제3항 개정 필요성

Needed Reforms for Traffic Law Article 41 Paragraph 3

Currently there are two ways of determining blood alcohol concentration (BAC). The first being breath tests and the second being a blood sample test. Breath tests are based on blowing into a machine that determines the level of intoxication of an individual. Currently this process of determining levels of intoxication is widely used in Korea. In the case of an individual who has been determined to be legally intoxicated by a breath tests, this individual has the option to take blood sample test to counter the earlier reading of the breath test within 30 minutes after the individual states that he or she wants to take the blood test. There are four distinct problems with this system. The first problem is with the police officers decision to allow or deny the individuals requests to take a breath test. The second problem being, on what criteria did the police officer make his or her decision. The third, on what criteria is the 30 minute waiting rule being used. Finally, is it legal to take into evidence the initial breath tests. In this paper, when taking a blood test to determine the (BAC), on what criteria is the blood test being taken for(Ⅱ). Further more, the blood test is the right of the driver(Ⅲ). There needs to be a change from the current 30 minute rule to giving the driver as much needed time to take the test and document all information to the court as evidence. These are the needed reforms for Traffic Law Article 41 Paragraph 3(Ⅳ).