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(영문) 대법원 2018.06.28 2018도6395
도로교통법위반(음주측정거부)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have determined that each of the charges of this case was guilty on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on aggravated concurrent crimes.

Meanwhile, according 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 shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable 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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