해상음주측정불응죄에 관한 고찰A Study on the Crime of Refusal of Sobriety Test
- Authors
- 김태수
- Issue Date
- 2011
- Publisher
- 서울시립대학교 서울시립대학교 법학연구소
- Keywords
- Maritime Transportation; the Crime of Operation of Sailing or Piloting under the Influence of Alcohol; Alcohol Test; Collection of Blood; Breathing Test.; 해상교통; 음주운항; 도선죄; 음주측정; 혈액채취; 호흡측정
- Citation
- 서울법학, v.19, no.1, pp 165 - 187
- Pages
- 23
- Journal Title
- 서울법학
- Volume
- 19
- Number
- 1
- Start Page
- 165
- End Page
- 187
- URI
- https://scholarworks.bwise.kr/cau/handle/2019.sw.cau/46577
- DOI
- 10.15821/slr.2011.19.1.005
- ISSN
- 1976-5169
- Abstract
- It provides that, a pilot who did pilot or a sailer who operated or instructed to operate a steering gear under the influence of alcohol may be subject to sobriety test. Nonetheless, it cannot be justifiable to punish a person, under influence of alcohol, who instructed a sober man to operate a steering geer and reject to sobriety test. For example, it is because the case of punishing a person who instruct another person to operate a steering geer will be the same with the case of subject a person who ask another person to operate a car.
Also, because the crime of refusal of sobriety test is to consider the influence of alcohol necessary to punish the act of piloting and sailing under the influence of alcohol, you should reject a breathing test at the first stage and ask a blood test.
In addition, for the collection of blood sample asked by sailer and pilot, at the time of testing, it requires that, medical staffs, such as, medical doctor, nurse or police officer, which belongs to maritime police and was educated about blood sample collection, should do the job.
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