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(영문) 대법원 2014.02.27 2014도18
도로교통법위반(음주측정거부)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the Defendant’s appeal disputing the facts against the judgment of the first instance court that found the Defendant guilty of the facts charged of this case and maintained the first instance judgment as it is.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err 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 arrest of flagrant offenders, contrary to what is alleged in the grounds of appeal.

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

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