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(영문) 대법원 2014.10.27 2014도12152

도로교통법위반(음주측정거부)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed by the defendant).

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that all of the facts charged in this case was guilty on the grounds as stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending

In addition, the argument that the judgment of the court below contains an error of law in incomplete deliberation as to mental disorder is not a legitimate ground for appeal, since the defendant's ground for appeal is justified or the court below did not consider it as an object of judgment ex officio.

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