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(영문) 대법원 2018.04.26 2018도2681
도로교통법위반(음주운전)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On March 9, 2017, the lower court rejected the Defendant’s assertion that the result of drinking alcohol test related to the self-driving on March 9, 2017 was inadmissible as evidence for illegal collection, and found the Defendant guilty of self-driving on March 9, 2017 on the basis of the aforementioned result of drinking alcohol test, and upheld the first instance judgment that found the Defendant guilty on April 27, 2017.

Even if examining the record, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the lawful requirements of voluntary investigation, and the admissibility of the result of drinking alcohol measurement, 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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