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(영문) 대법원 2019.07.10 2019도4763

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted the Defendant on the ground that there was no proof of crime regarding the violation of the Road Traffic Act on December 1, 2017 among the facts charged in the instant case (the measures not taken after the accident).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules without exhaust all necessary deliberations, or by misapprehending the legal doctrine on the establishment of a crime of violating the Road Traffic Act.

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

참조조문