교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Inasmuch as the Defendant was unable to attend the trial of the lower court due to a cause not attributable to him/her, it constitutes a case where there is a ground for the re-examination of the lower court.
B. The sentence (4 months) imposed by the lower court on the Defendant is too unreasonable.
2. Where a defendant who was convicted under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”) was unable to attend a trial due to a cause not attributable to him/her, the defendant, etc. may request a retrial to the court of first instance within 14 days from the date he/she becomes aware of the fact that he/she had been sentenced pursuant to Article 23-2(1) of the Act on the Promotion, etc. of Legal Proceedings (hereinafter “Rules”), and if he/she fails to request a retrial within the said period due to a cause not attributable to him/her, he/she may request a retrial to the court of first instance within 14 days from the date he/she became aware of the fact that he/she had been sentenced pursuant to Article 23-2(1) of the Act on the Promotion, etc. of Legal Proceedings.
With respect to the judgment of the first instance court rendered guilty without the defendant's statement pursuant to special provisions, in a case where the defendant claimed and cited the right to appeal for the reason that it was impossible to file an appeal within the period for filing an appeal due to a cause not attributable to the defendant or his/her representative without requesting a retrial pursuant to the provisions of the retrial, if such cause includes circumstances in which the defendant was unable to attend the trial due to a cause not attributable to him/her, it is reasonable to deem that the grounds for requesting a retrial exist pursuant to the provisions of the Criminal Procedure Act, and that the defendant asserted that there was a cause for requesting a retrial, and that it is reasonable to deem that the grounds for appeal corresponding to
Therefore, in the above case, the appellate court should examine whether there is a reason for the request for a retrial under the provisions of the retrial and there is a reason for it.