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(영문) 대법원 2018.03.29 2018도1763
도로교통법위반(음주운전)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 (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 is imposed, a final 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.

In addition, since the number of days of detention prior to the pronouncement of a judgment is naturally included in the original sentence, it is unnecessary to separately determine matters concerning the inclusion of the number of days of detention prior to the pronouncement of judgment (see Supreme Court Decision 2009Do11448, Dec. 10, 2009). On a different premise from this, the argument that the court below erred in violation of Article 321 of the Criminal Procedure Act by failing to enter matters concerning the inclusion of the number of days of detention prior to the pronouncement of judgment in the written judgment, cannot be accepted.

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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