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(영문) 대법원 2016.04.12 2016도1792
도로교통법위반(음주운전)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Even if the defendant voluntarily surrenders to the police due to the reason for voluntary mitigation of punishment, it cannot be said that the reduction of the number of self-denunciation is not made or that the reason is not specified.

The judgment of the court below to the same purport is just, and there is an error of omission of judgment as alleged in the grounds of appeal.

subsection (b) of this section.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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

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