logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.12.11 2014도11911
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court determined that the Defendant did not take proper measures under Article 54(1) of the Road Traffic Act, such as the victim’s relief, and rejected the Defendant’s allegation of grounds for appeal as to mistake of facts or misapprehension of

The ground of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the fact-finding court.

In addition, the reasoning of the judgment below is examined in light of the legal principles of the judgment below and the evidence duly admitted, and there is no error of misapprehending the legal principles as to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes or exceeding the bounds of

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

arrow