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(영문) 대법원 2019.03.28 2018도16386
교통사고처리특례법위반(치상)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the court below reversed the judgment of the court of first instance which found the victim guilty and sentenced the dismissal of prosecution on the ground that the victim cannot be deemed to have passed the crosswalk at the time of the instant case to cross the road.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “ pedestrians passing along crosswalks” under Article 27(1) of the Road

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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