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(영문) 대법원 2017.11.23 2017도15083
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its reasoning, the lower court: (a) determined that the Defendant had no or weak ability or decision-making ability to discern things due to an outbreak caused by brain death at the time of the instant accident;

It was determined that it was not recognized.

The judgment below

Examining the reasoning of the judgment below in light of the record, the aforementioned determination is justifiable, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on mental and physical disorder.

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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