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(영문) 대법원 2017.07.18 2017도6828
도로교통법위반(음주운전)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment of the court below in light of the records, it is just to reverse the judgment of the court of first instance which found the defendant guilty on the ground that there is no proof of crime regarding the violation of the Road Traffic Act among the facts charged in the instant case, and to find the defendant not guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the legality of voluntary accompanying, or by misapprehending the law of logic and experience.

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but does not indicate the grounds of appeal as to this part of the appeal and the reasons of appeal.

2. Examining the reasoning for the Defendant’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of violating the Road Traffic Act (unlicensed driving) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to the allegations in the grounds of appeal, the lower court erred by misapprehending the legal doctrine on the legality of voluntary accompanying and the exclusion of illegally collected evidence, thereby adversely affecting the conclusion of the judgment, by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

subsection (b) of this section.

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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