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(영문) 대법원 2017.02.09 2016도19594
도로교통법위반(음주운전)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of a crime regarding the violation of the Road Traffic Act among the charges in the instant case.

The judgment below

Even if examining the reasoning of the lower judgment based on the record, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending relevant legal doctrine, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not state the reason in the petition of appeal and does not state the reason for appeal.

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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