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(영문) 대법원 2016.04.15 2016도1601
교통사고처리특례법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence, it is justifiable for the lower court to have found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

In contrast to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on duty of care, trust, relationship with persons, admissibility of evidence, etc. in the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, thereby failing to exhaust all necessary deliberations.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

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 appeal is dismissed by the assent of all participating Justices.

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