도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
According to the records of this case, the court below served a copy of indictment and a writ of summons through the service of public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served the procedure of trial in the absence of the defendant, and sentenced the defendant to four months from December 11, 2019. The defendant filed a petition for recovery of his right to appeal against the judgment of the court below which became formally final and conclusive on January 20, 2020, and the court of original judgment rendered a decision to recover the defendant's right to appeal by recognizing that the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant on January 28, 2020, and immediately dismissed the prosecutor's appeal against the decision to recover the right to appeal with the
According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant. Thus, the court below's judgment has a ground for a request for retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the Criminal Procedure Act.
Therefore, this court shall proceed with a new litigation procedure by delivering a duplicate of indictment to the defendant and render a new judgment according to the result of a new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the judgment of the court below cannot be maintained as it is.
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 unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.
[Grounds for the new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the necessity of evidence.