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(영문) 대법원 2016.09.30 2016도9304

도로교통법위반(음주운전)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the charged facts of this case on the ground that there is no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable.

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on the use of police gear under Article 10-2(1)2 of the Act on the Execution of Duties by Police Officers, protective measures under Article 4(1)1 of the same Act, legality of voluntary accompanying, and evidence illegally collected, or by failing to exhaust all necessary deliberations.

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