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(영문) 대법원 2016.10.27 2016도12545
도로교통법위반(음주운전)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning.

The lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, as alleged in the grounds of appeal, or by misapprehending the legal doctrine on the admissibility of evidence under Article 44(1) of the Road Traffic Act.

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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