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(영문) 대법원 2019.07.04 2019도463

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, the lower court reversed the first instance judgment that found the Defendant guilty on the ground that there was no proof of crime regarding the violation of the Road Traffic Act (not taking measures after an accident) among the facts charged in the instant case, and acquitted the Defendant

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Road Traffic Act.

2. As to the Defendant’s grounds of appeal, the lower court convicted the Defendant of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 intention of the perpetrator” and “the necessity of relief measures” in the crime of violation of the Act on the Aggravated Punishment, etc.

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