logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.02.21 2020도680
도로교통법위반(음주측정거부)등
Text

The appeal is dismissed.

The judgment below

The term "Article 148-2 (1) 1 of the Road Traffic Act" in the third 8 roads.

Reasons

We examine the grounds of appeal.

The argument that the judgment of the court below erred in violation of the principle of balanced punishment or the principle of accountability due to the incomplete deliberation on basic facts for sentencing, mistake of facts, or misapprehension of legal principles constitutes the argument of unfair sentencing.

However, according 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal shall be dismissed pursuant to Article 380(2) of the Criminal Procedure Act, and since there is an obvious error in the reasoning of the judgment below, it shall be corrected pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent

February 21, 2020

arrow