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(영문) 대법원 2018.07.20 2018도7918
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the relevant legal principles and the evidence duly admitted, the lower court, on the grounds stated in its reasoning, found the Defendant guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) and violation of the Road Traffic Act (i.e., violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) among the facts charged in the instant case, did not err by misapprehending the legal doctrine on necessary measures in the event of traffic accidents in the occurrence of traffic accidents in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) or the violation of the Road Traffic Act, or by misapprehending the bounds

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 not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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