도로교통법위반(음주운전)등
The appeal is dismissed.
The "Application of the Act and subordinate statutes" of the judgment of the first instance is followed by the "Selection of Punishment 1."
The grounds for appeal are examined.
The argument that there is an error of law in violation of the legal principles on sentencing guidelines in the judgment of the court below is an unfair argument in sentencing.
According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.
In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.
Therefore, the final appeal is dismissed pursuant to Article 380(2) of the Criminal Procedure Act, and it is evident that the same entry as the order of the first instance judgment was omitted due to an error. As such, it is to be corrected to add it pursuant to Article 25(1) of the Rules on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices on the bench.
July 20, 2018