도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
According to the records of this case, the court of original judgment shall serve a copy of indictment, summons, etc. by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and shall proceed with the procedure of trial in the absence of the defendant, and sentenced the defendant to six months of imprisonment on December 12, 2019. The defendant filed a petition for recovery of his/her right to appeal against the judgment of final and conclusive judgment on December 30, 2019, and the court of original judgment recognized that the defendant was unable to appeal within the appeal period due to a cause not attributable to the defendant on January 10, 202, and decided to recover his/her right to appeal.
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 requesting a retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for requesting a retrial" which is the ground for appeal under Article 3
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 assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.
[Discied reasoning of the judgment of the court below] The facts constituting an offense and the summary of evidence recognized by the court of this court and the summary of evidence are stated in each corresponding column of the judgment of the court below, except where "the defendant's oral statement" is added to the summary of evidence.