해상음주측정불응죄에 관한 고찰

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.