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(영문) 대법원 2017.03.15 2017도569
도로교통법위반(음주운전)
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 the facts charged in this case was guilty on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles.

In addition, the argument that the defendant was in a state of mental disorder at the time of committing the crime of this case is not a legitimate ground for appeal since the defendant asserted that the defendant was in a state of mental disorder, or that the court below did not consider it as being subject to ex officio

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate final 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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