도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.
2. According to the records of ex officio determination, ① the court below sent a copy of indictment, summons, etc. through service by public notice in accordance with Article 23 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings and sentenced six months to imprisonment by conducting deliberation in the state where the defendant was absent. ② The defendant asserted that he was unable to attend the trial due to his failure to receive a copy of indictment, writ of summons, etc. upon request for recovery of his right of appeal, when he was arrested through the execution of punishment by public notice of the court below which became formally final and conclusive, and ③ the court below recognized that the defendant was unable to appeal within the appeal period due to a cause not attributable to him, and decided
Since the Defendant was unable to attend the trial in the trial due to a cause not attributable to the Defendant, there was a ground for requesting a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes “when there is a ground for requesting a retrial,” which is the ground for appeal under Article 361-
(see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the lower court’s judgment cannot be maintained as it is, given that the instant court is proceeding with a new litigation and rendered a new judgment in accordance with the result of a new trial.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds that the judgment of the court below is reversed ex officio.
[Discrimined Judgment] Except for adding “1. Defendant’s current trial testimony” to the summary of criminal facts and evidence, the same as the corresponding column of the judgment of the court below.
Application of Statutes
1. Relevant laws concerning criminal facts, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 152 of the Road Traffic Act;