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(영문) 대법원 2017.07.11 2017도6358
도로교통법위반(음주측정거부)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable, and contrary to the allegations in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, 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 legality of the request for measurement and the intention of refusing measurement in the crime of refusing to comply with measurement

Meanwhile, the argument that the defendant did not confirm whether the defendant wants to have a citizen participatory trial and was erroneous in proceeding with the trial without confirming his/her intention is not a legitimate ground for appeal. It is not a legitimate ground for appeal, since the defendant asserted that the defendant did not use it as a ground for appeal or make it an object of

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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