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(영문) 대법원 2019.08.30 2019도8145

특정범죄가중처벌등에관한법률위반(도주치사)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court found the Defendant guilty only for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death and Injury) included in the above facts charged, on the grounds that it is insufficient to recognize that the Defendant left the scene of the accident with the criminal intent of escape

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no statement in the petition of appeal or the appellate brief on the guilty part.

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