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(영문) 대법원 2016.05.12 2016도1522
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was justified in finding the Defendant guilty of all of the charges of this case, including the violation of the Road Traffic Act (driving alcohol), the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (escaping vehicles) and the violation of the Road Traffic Act (sorting vehicles after an accident). In so doing, the court below did not err by failing to exhaust all necessary deliberations or by misapprehending relevant legal principles as alleged in the grounds of appeal.

In addition, pursuant 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 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 amount of punishment is unfair is not legitimate

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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