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(영문) 대법원 2017.09.12 2017도8303
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Of the facts charged in the instant case, 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 (not after the accident).

The judgment below

Examining the reasoning in light of the record, the lower court’s determination is justifiable, and there was no error by misapprehending the legal doctrine on the crime of violating the Road Traffic Act, as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for appeal as to the guilty portion in the final appeal and the reasons 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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