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(영문) 대법원 2017.04.26 2017도1960
교통사고처리특례법위반등
Text

The appeal is dismissed.

Reasons

The grounds for appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where a fine is imposed against the defendant, the argument to the effect that the defendant violates the rules of evidence and actually contests the selection of evidence and fact-finding belonging to the exclusive jurisdiction of the court below is not a legitimate ground for appeal.

B. Despite examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged by the Defendant.

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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