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(영문) 대법원 2019.01.10 2018도16711

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, the lower court reversed the first instance judgment convicting the Defendant of violation of the Road Traffic Act among the facts charged in the instant case on the grounds stated in its reasoning, and determined that this part of the facts charged is not guilty on the grounds stated in its reasoning.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the crime of violation of the Road Traffic Act.

2. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine as to the criminal intent of the escape, or by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.