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(영문) 대법원 2021.01.14 2020도15059
도로교통법위반(음주운전)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court upheld the first instance judgment that found the Defendant guilty of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by 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 exclusion of illegally collected evidence.

In order to fall under the re-examination under Article 420 subparag. 2 and 7 of the Criminal Procedure Act, the testimony based on the original judgment is false, or the testimony based on the original judgment is false, and the fact that the judicial police officer who has participated in the investigation which forms the basis of the public prosecution commits a crime related to his duties, shall

There are grounds for retrial prescribed by Article 420 subparag. 2 and 7 of the Criminal Procedure Act for the grounds of appeal.

However, the evidence submitted by the defendant alone that the testimony of E or F by the witness E or F of the first instance trial is false, and that the judicial police officer involved in the investigation, which forms the basis of the public prosecution, committed a crime related to his duties, has been proved by the final judgment.

shall not be deemed to exist.

Therefore, we cannot accept the argument that there are grounds for the request for a retrial under Article 420 subparag. 2 and 7 of the Criminal Procedure Act in the judgment below.

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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