도로교통법위반(음주측정거부)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of the grounds for appeal: Sentencing (the original court shall be sentenced to one year of imprisonment and the additional collection of 100,000 won);
2. According to the records of ex officio determination, the lower court served a copy of indictment and a writ of summons by means of public notice in accordance with Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and sentenced the Defendant to one year by imprisonment with prison labor. The Defendant requested the recovery of the right of appeal against the judgment of the lower court formally finalized, and stated that he was unaware of the progress of the trial in the first instance by public notice, and that the decision of recovery of the right
Thus, the defendant's failure to attend the trial of the court below is recognized as the grounds for the request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings due to the lack of causes attributable to the defendant in the trial of the court below. Accordingly, this court shall proceed with new litigation procedures, such as serving the defendant with a duplicate of indictment, and render a new judgment according to the result of new trial (see Supreme Court Decision 2015Do8243, Nov. 26,
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows.
[Discied reasoning of the judgment below] Criminal facts and the summary of the evidence recognized by the court below, and the summary of the evidence, are the same as the corresponding column of the judgment below, except for adding “1. Defendant’s trial statement” to the first head, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Act on criminal facts: Articles 148-2(1)2 and 44(2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 133(1) of the Criminal Act; Articles 133(1) and 1. Imprisonment with labor.