The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

1. In the event that a person was found to have suffered blood from the defendant after having obtained formal consent from the defendant since the defendant was in a state of mental disorder immediately after the accident of this case, such consent cannot be deemed lawful and effective. If the blood collected with the consent without the court’s warrant, which was conducted an appraisal of blood alcohol concentration, the result of such appraisal cannot be used as illegally collected evidence and cannot be used as evidence of guilt.

Nevertheless, the court below found the defendant guilty of the violation of the Road Traffic Act of this case and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) that the defendant, while driving a motorcycle while under the influence of 0.217% under the influence of alcohol, caused damage to an extract that requires about 8 weeks medical treatment to the victim by neglecting to drive the motorcycle.

2. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant is excessively unfair.

2. Determination

A. As to the assertion of mistake and law, in a case where it is impossible to measure alcohol due to the pulmonary investigation stipulated by the primary investigation method of drunk driving because the suspect who caused a traffic accident while driving under the influence of alcohol is in an unidentified state, etc., and there is no time to obtain a letter of permission for the appraisal of blood gathering or a letter of prior seizure from the court, the prosecutor or the judicial police officer shall have a person qualified by medical personnel under the Medical Service Act take blood from the suspect according to medical method for the collection of evidence, such as blood alcohol concentration of the suspect, and seize the blood without the blood warrant.