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(영문) 대법원 2017.12.13 2017도16386
도로교통법위반(음주측정거부)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court reversed the first instance judgment convicting the Defendant on the grounds that there was no evidence to prove the facts charged of the instant case, and sentenced the Defendant not guilty.

In light of the record, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the rules of evidence or by misapprehending the legal doctrine on crimes of violating the Road Traffic Act (e.g., refusal of drinking measurement).

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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