[사회]The police who ran away from the drinking crackdown…

[앵커]

Amid the endless cases of drunk driving, a police officer recently ran away from the alcohol crackdown and appeared 10 hours later.

In this case, it is said that punishment is not easy.

Because the law has a blind spot, is there any way to correct it?

Reporter Kim Kyung-soo pointed out.

[기자]

On the 7th of last month, Inspector A of the Gwangju Northern Police Station was caught by the police who followed him after turning the car ahead of the drunk driving crackdown.

However, just before taking the breath test, he ran away from the 4m-high retaining wall, and only 10 hours later, he voluntarily attended the police station.

Of course, the blood alcohol concentration was 0%.

The police are planning to estimate the blood alcohol concentration of Inspector A using the official Withmark, but there is no guarantee that it will lead to actual punishment.

The Widmark formula is a technique that inversely estimates the blood alcohol concentration at a specific time in consideration of alcohol concentration, alcohol consumption, weight, gender, etc., because there have been many cases in which this estimate has not been recognized as a core evidence at trial.

In 2015, a man who bought cream bread for his full-term wife and went home died in a hit-and-run accident.

The prosecution applied the Widmark formula to the perpetrators who surrendered after 19 days and handed them over to trial, but the court judged drunk driving as innocent because it was not sufficiently proven.

In 2018, broadcaster Lee Chang-myeong’s acquittal of drunk driving was also a representative case where the official Widmark was not recognized.

As the current formula of Widmark has its limitations, it is argued that a new, Korean model is needed.

[승재현 / 한국형사정책연구원 연구위원 : 현실적으로 너무 오래되고 또 법원에서 잘 받아들이지 않고 있기 때문에 우리나라에서 만드는 새로운 위드마크 공식이 필요하지 않느냐….]

In addition, there are some pointed out that there is a blind spot in the current law, although suspected drunk driving should be kept out of the crackdown.

In the case of Inspector A earlier, it is difficult to apply the charge of’refusing to measure drinking alcohol’ because the police ran away before notifying the alcohol test, and’fleeing crime’ is also not established because the status of securing recruits by notifying the Miranda principle.

In addition, it seems that it is difficult to apply the crime of obstruction to the execution of public affairs because there is no assault or threat of the police in the process of escape.

[경찰 관계자 : 어떻게 할 건지를 지침을 받고 또 결정을 해야. 왜냐면 이건 지방청, 본청에서도 면밀히 살펴보고 폭넓게 법률 검토하라고 지시가 있었기 때문에….]

While the police’s special crackdown period continues to lead to accidents involving drunk driving, the voice of the need to stop drunk driving by introducing a device that prevents the car from starting when drinking is gaining strength.

YTN Kim Kyungsoo[[email protected]]is.

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