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(영문) 대법원 2015.08.13 2015도8439
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment that all of the facts charged in the instant case deemed that there was no proof of crime, and rendered a not-guilty verdict on the violation of the Road Traffic Act (i.e., the act of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) among the facts charged in the instant case, and dismissed the public prosecution on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents included within the scope of the instant facts charged

Examining the record, the above determination by the court below is justifiable.

In doing so, there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on “necessary measures” under Article 54(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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