Citation

Korean Assoc. Public Saf. Crim. Just. Rev. 2017; 26(3): 299-320.

Copyright

(Copyright © 2017, Korean Association of Public Safety and Criminal Justice)

DOI

unavailable

PMID

unavailable

Abstract

The purpose of this research is to investigate the current laws and policies on responding DUI(driving under the influence of alcohol) and to analyze the residual mouth alcohol of the users of alcoholic or nonalcoholic mouthwash. According to the Korean Road Traffic Act, when deemed necessary to ensure the safety of traffic and prevent danger and anyone is evidently deemed to be DUI, police officers may require him/her to take a breath test in order to determine whether that person is intoxicated(Road Traffic Act §44②). And in Korea, the statutory limit for blood alcohol concentration adopted is 0.05%(Road Traffic Act §44④). Further more, when a driver of any motor vehicle, etc. is deemed to be DUI, police officers may order the driver of the motor vehicle, etc. to stop driving the motor vehicle, etc. until the point at which he/she is able to drive normally the motor vehicle, etc. and take other necessary measures against the driver(Road Traffic Act §47②). But a number of scholars and stakeholders have criticised that alcohol breath test(ABT) may have error range because of residual alcohol in the mouth and current procedure is may be contrary to principle of the due process of law. The following items can be suggested as solutions and alternatives for the issues. First, it is necessary to adopt blood test frist principle and it should be kept strictly 20 minutes deprivation period. Second, it is needed to abolish the penalty on the sobriety test disobedience. The outcomes of these experiments suggest that residual alcohol in the mouth due to alcoholic mouthwash will be disappeared after 10 minutes elapsing and by way of rinsing his or her mouth with fresh water.

Language: ko

Keywords

Breath Alcohol Test; Drunk Driving Control; Mouthwash; Residual Mouth Alcohol; Traffic Police.