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(영문) 대법원 2018.08.30 2018도8119

도로교통법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free conviction due to violating the logical and empirical rules, or by misapprehending the legal doctrine on the abuse of administrative authority relating to traffic

In addition, the argument that the provision on a petition for a trial violates the principle of due process under Article 165 (1) (2) of the Road Traffic Act is not a legitimate ground for appeal since the defendant asserts that the provision on a petition for a trial violates the principle of due process.

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