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(영문) 대법원 2015.05.14 2015도3779

도로교통법위반(음주운전)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the judgment of the court below violated Article 37 of the Constitution, which provides for the prohibition of excessive prohibition on sentencing, constitutes the argument of unfair sentencing.

However, under 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 not less 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 the punishment is unreasonable, including

In addition, the argument that the judgment is requested after the period of probation expires cannot be a legitimate ground for appeal.

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