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(영문) 대법원 2017.02.03 2016도20075
도로교통법위반(음주운전)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the facts charged in this case were guilty on the grounds stated in its reasoning is justifiable. Contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on emergency evacuation and the legal doctrine on “driving” under the Road Traffic Act, thereby adversely affecting the conclusion of the judgment.

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 more than ten years has been 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.

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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