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(영문) 대법원 2017.03.15 2016도21722
도로교통법위반(음주측정거부)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court was justifiable to have determined that the instant facts charged was recognized on the grounds indicated in its reasoning. In so doing, it did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the relevant legal doctrine.

In addition, according to the records, although the court below did not make any decision as to the illegality of the defendant's request for measurement of drinking alcohol, according to the evidence duly admitted by the first instance court that maintained by the court below, it is judged that the police officer's request for measurement of drinking alcohol was legitimate. Thus, the error of omission in the above determination does not affect the conclusion of the judgment.

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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