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(영문) 대법원 2014.10.15 2014도10909

도로교통법위반(음주운전)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court determined that the Defendant, as indicated in the instant facts charged, was operating the instant Otoba without obtaining a driver’s license while drunk on November 10, 2013, without obtaining a motor device bicycle driver’s license, and rejected the grounds for appeal as to the mistake of facts by the Defendant disputing such determination.

The allegation in the grounds of appeal disputing such fact-finding by the court below is nothing more than disputing the judgment of the court below on the selection and probative value of evidence which belongs to the free judgment of the court of fact-finding, and it does not err in the judgment of the court below beyond the bounds of the principle of free evaluation of evidence, even if

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.