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(영문) 대법원 2015.04.09 2015도2344
도로교통법위반(음주운전)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the defendant's appeal, the grounds for appeal shall be specified by citing facts expressed in the records of trial and the examination of evidence by the court below.

(Article 379(2) of the Criminal Procedure Act. According to the records, the grounds of appeal submitted by the defendant include only a statement that recognizes the order of the judgment below, and there is no specific statement of grounds for appeal, and the petition of appeal does not contain any particular grounds for appeal.

In such a case, the appellate brief filed by the defendant cannot be deemed a legitimate appellate brief under Article 379(2) of the Criminal Procedure Act.

2. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the ground that there was no proof of crime regarding the violation of the Road Traffic Act among the facts charged in the instant case, and acquitted the Defendant.

Examining the record, the above determination by the court below is just, and there is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on blood alcohol concentration in the crime of violating the Road Traffic Act.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no statement in the petition of appeal or the appellate brief about the guilty part.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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