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(영문) 수원지방법원 2014.07.03 2014노1956

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Where the service of ex officio judgment documents becomes impossible, an attempt should be made to find a place where a defendant can receive service by means of serving documents, such as serving documents at the actual place of residence recorded in the record or confirming telephone prior to the decision of service by public notice, and it is unlawful to render a judgment without a defendant’s statement without taking such measures.

(2) According to the records, the defendant's spouse, at his/her domicile, was served with a writ of summons of the fifth trial date at the same place since the defendant's spouse was served with a duplicate of indictment and a writ of summons of the first trial date, etc. at his/her domicile. The defendant himself/herself was served with a writ of summons of the fifth trial date. The police officer in charge of detection of his/her whereabouts and the defendant was dismissed, and the defendant was notified of the trial date at his/her cell phone. Nevertheless, the defendant was notified of the fact on April 1, 2012, February 26, 2013, and September 2, 2013, which was served with a warrant of detention (six months, respectively) of the defendant on the second trial date at the second trial date, and the second trial date at the second trial date at the fourth trial date, which was served with a summons of the defendant on the second trial date at the second trial date at the fourth trial date, which was served with a summons of the defendant on the second trial date at the fourth trial date, and the second trial date after the second trial date.