교통사고처리특례법위반등
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 sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. According to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Ex officio Proceedings (hereinafter “Special Cases Act”) and Articles 18(2) and (3), and 19(1) of the Enforcement Rule of the same Act, where the whereabouts of the defendant is not confirmed even though necessary measures are taken to confirm the whereabouts of the defendant, service by public notice shall be made for the defendant after that time. Article 63(1) of the Criminal Procedure Act provides that service by public notice may be made only when the whereabouts, office, and present whereabouts of the defendant are unknown. If other contact numbers of the defendant appear in the record, service by public notice shall be made immediately after contact with them and service by public notice shall not be allowed without taking such measures and rendering a judgment without the defendant’s statement (see, e.g., Supreme Court Decision 2011Do6762, Jul. 28, 2011).
On August 4, 2011, the lower court was merely a fact that the Defendant’s cell phone “H” did not simply call a call, rather than a change of number, and served by publication for more than one year.