교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
The sentence of the court below against the defendant (10 months without prison labor) is too unreasonable.
In the event that the service of unlawful documents in the ex officio judgment procedure becomes impossible, an attempt should be made to find a place where a defendant can receive service, such as serving documents on the actual place of residence or confirming telephone prior to the decision of service by public notice. It is unlawful to render a judgment without a defendant’s statement without taking such measures.
(2) According to the records, the defendant's address was written in the indictment with the contact address of the defendant, and the court below attempted to contact with the above phone number before making a decision of service by public notice, but the contact address of the defendant was turned out by contact address of the defendant. On the other hand, the court below should have taken measures to identify the location of the defendant, such as contact with the above phone number and confirmation, but the court below concluded that the location of the defendant cannot be known without taking such measures. The court below sent the writ of summons by public notice to the defendant by public notice, and then tried and judged without the presence of the defendant.
Therefore, since the court below cannot be deemed to have taken necessary measures to confirm the whereabouts of the defendant, this case cannot be deemed to constitute "when the dwelling, office, or present address of the defendant is unknown" which is the requirement of service by public notice, and the court below's proceeding without the defendant's statement after serving a writ of summons by public notice and making a judgment without the defendant's statement is illegal as it constitutes a case where the defendant did not give the defendant an opportunity to attend
The judgment of the court below cannot be maintained as it is.
The prosecutor to change the indictment is from among the facts charged in this case in the trial.