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(영문) 수원지방법원 2015.11.11 2015노1702

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (six months of imprisonment without prison labor) is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18(2) and (3) and 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that service on the accused shall be made by means of service by public notice in cases where the whereabouts of the accused are not verified even though the accused took necessary measures to confirm the whereabouts of the accused. In cases where the Defendant’s home phone number, mobile phone number, etc. appear in the record, prior to the determination of service by public notice

It would be in violation of the Act on Special Cases and the Enforcement Rule thereof to conclude that the location of the defendant is not confirmed without taking such measures and promptly serve the defendant by means of service by public notice and make a judgment without the defendant's statement.

(2) According to the records, the police interrogation protocol of the defendant on the interrogation of the defendant was written in the police interrogation protocol of the defendant as the dwelling of the defendant, and the "J" was written in the contact number, and the defendant's telephone number "J" was written in the statement of the traffic accident-related person. In this case, the court below should have tried to deliver a writ of summons to the defendant's dwelling or to confirm the place of service by communicating the defendant's dwelling with the cell phone number of the defendant's dwelling or women's families before making a decision by service by service by service by service by service by service by service by service by service by service by service by service without taking such measures, but the judgment of the court below was made without the defendant's statement.