logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.08.20 2014도5153
도로교통법위반(음주운전)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate brief filed on June 18, 2014).

Examining the reasoning of the lower judgment and the evidence duly admitted and examined by the first instance court, the lower court is justifiable to have determined that all of the facts charged in the instant case is guilty on the grounds stated in its reasoning.

In doing so, there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the illegality of arrest of flagrant offenders and obstruction of performance of official duties, injury therefrom, self-defense or legitimate act, and admissibility of illegally collected evidence.

In addition, the argument that the judgment of the court below erred by exceeding the limit of sentencing discretion is ultimately an unreasonable sentencing argument.

According to Article 383 subparagraph 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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

arrow