위드마크(Widmark) 공식의 적용에 대한 대법원 판례의 문제점

Abstract

In order to punish drunk driving pre-requisite is accurate measurement of blood alcohol concentration. As for method of measurement there are measurement with spirometer and collection of blood. When measurement through above mentioned method is difficult there is method of calculation by Widmark Equation. The Supreme Court recognized Widmark Equation as experiential evidence. And Supreme Court stated that strict proof is required for factors in need of its application and further abstractedly stated that factors which can influence blood alcohol concentration should be confirmed objectively and rationally with assistance of people with professional knowledge and experience. But in reality there were no such practise of proving rigorously or receiving assistance from people with professional knowledge or experience. In additional to such attitude of Supreme Court investigative agencies recognize level of increased value in blood alcohol concentration by means of back calculation and apply it as standard for punishment thus creating aggravated punishment for the drivers. Accordingly problems of its application by the Supreme Court it appears there is need for considerable limitation on Widmark Equation which is now used indiscriminately. In principle use of Widmark Equation should be prohibited and allowing its use exceptionally through appraisal by professionals will be a realistic solution for striking balance between need for Widmark Equation and basic principle of Criminal Proceedings Law professing for presumption of innocence until proven guilty.