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(영문) 대법원 2019.03.28 2018도20167
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the court below reversed the judgment of the court of first instance which convicted all of the defendants on the grounds that the defendant's driver's vehicle has subscribed to a comprehensive motor vehicle insurance policy provided for in the main sentence of Article 4 (1) and Article 4 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and violated the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes, among the facts charged in this case, there is no proof of crime against the violation of the Road Traffic Act and the violation of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes, and acquitted them on the violation of the Road Traffic Act (unclaimed measures after accidents), and acquitted them on the violation of the Road Traffic Act (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes).

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there is no violation of the principle of free evaluation of evidence against logical and empirical rules.

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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