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(영문) 대법원 2019.02.14 2017도17588

특정범죄가중처벌등에관한법률위반(도주차량)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and acquitted the Defendant on the grounds that there is no proof of

Examining the relevant evidence in light of the record, the lower court’s fact-finding and determination are justifiable, and contrary to what is alleged 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

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not state the grounds for appeal in the petition of appeal and does not state the grounds for appeal.

2. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, it is justifiable to maintain the first instance judgment convicting the lower court of violating the Road Traffic Act (i.e., the measures not taken after accidents) among the instant

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors 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 on the meaning of “necessary measures” under Article

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