logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.10.04 2018도11960
도로교통법위반(음주측정거부)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of a defendant's petition filed after the deadline for appeal is not timely filed).

Examining the record in light of the relevant legal principles, the lower court was justifiable to have imposed a sentence on the instant crime on the grounds that the instant crime was aggravated by repeated crime and that there was a ground for disqualification from suspended sentence, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on suspended sentence

In addition, according to Article 383 (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, a final 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 appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow