교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten 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 (e.g., imprisonment with prison labor for 10 months) of the lower court is too unreasonable.
2. We examine ex officio the judgment on the grounds for appeal ex officio.
Pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Act”), the lower court served a writ of summons, etc. by public notice and served a trial in the absence of the Defendant and sentenced ten months to imprisonment. After that, the Defendant filed a petition for recovery of the right of appeal against the final and conclusive judgment of the lower court, and the lower court concluded that the Defendant was unable to file an appeal within the appeal period due to a cause not attributable to the Defendant.
If so, there is no reason attributable to the defendant who was unable to attend the court on the court date, and thus, there is a reason to request a retrial under Article 23-2(1) of the Act on Special Cases concerning the Procedure for Review. In such cases, this court shall proceed with a new litigation procedure by delivering a copy of indictment to the defendant and render a new judgment according to the result of a new trial (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 2015Do8243, Nov. 26, 2015).
3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is decided as follows through pleading.
【Reasons for the Judgment of the court which has been previously used】 The facts constituting a crime and the summary of the evidence recognized by the court, and the summary of the evidence, are identical to the description of each corresponding column of the judgment of the court below, except for the alteration of the "police interrogation protocol against the defendant to the "1. The defendant's court statement" in the summary of the evidence. Thus, they are cited in accordance
Application of Statutes
1. Relevant Article of the facts constituting an offense and the solicitation of punishment;