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(영문) 대전지방법원 2018.11.29 2018노1947
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the court below is too unreasonable (the court of appeals shall judge whether the grounds for appeal are submitted or whether the grounds for appeal are included in the reason for appeal if the appeal concerning the grounds for ex officio investigation are legitimate). However, with respect to any grounds not to ex officio investigation, it may be subject to adjudication only where it is included in the written reason for appeal which was entered in the petition of appeal or submitted within the prescribed period, and it may be tried ex officio only in exceptional cases where it is not included in the reason for appeal (see Supreme Court Decision 2006Do88, May 31, 2007, etc.). The defendant violates the Constitution, laws, orders, rules, or legal principles in the summary of the grounds for appeal in the petition of appeal (see, e.g., Supreme Court Decision 2006Do8488, May 31, 2007).

“Although the reason for appeal was stated to be “,” it was not later submitted within the period for submission of the legitimate reason for appeal, and it is unreasonable to have been controlled despite that it was not subject to control in accordance with the police internal guidelines at the first trial date of the trial of the first instance.

“............”

However, Article 155 of the Regulation on Criminal Procedure provides that “The grounds for appeal shall be clearly and explicitly stated in the statement of reasons for appeal,” in order to specify the scope of the appellate court’s trial. Therefore, in a case where only “misunderstanding of facts” or “misunderstanding of legal principles” is stated on the grounds of appeal, it cannot be known whether such statement alone contests recognition of facts and contests any legal reasoning. Therefore, the entry in the above petition of appeal cannot be deemed to be an entry in the grounds for

In addition, the above argument of the defendant at the trial date of the trial by the defendant does not seem to have been asserted within the submission period for legitimate grounds for appeal.

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