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(영문) 대법원 2018.10.12 2016도975
도로교통법위반(음주측정거부)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, it is justifiable to maintain the judgment of the court of first instance that acquitted the Defendant on the ground that there was no proof of crime regarding the violation of road traffic law (refluence of drinking), among the facts charged in the instant case.

Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the legality of voluntary accompanying.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of appeal against the petition of appeal or the reasons of 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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