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(영문) 대법원 2020.12.10 2020도10101
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The lower court reversed the first instance judgment that found the Defendant guilty on the grounds that there was no proof of crime as to the violation of the Road Traffic Act among the facts charged in the instant case, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err 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 violation of the Road Traffic Act.

2. On the grounds of appeal by the Defendant, the lower court upheld the first instance judgment convicting the Defendant of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, among the facts charged in the instant case.

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 necessity of relief measures

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

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