교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
1. The main sentence of the appeal is too heavy.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
According to the records, the court of original judgment shall serve a copy of the indictment and a writ of summons, etc. on the defendant by means of serving public notice in accordance with 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 the defendant on August 21, 2020 for six months from his/her imprisonment without labor. The defendant filed a petition for recovery of his/her right of appeal against the judgment of the court below which became formally final and conclusive on November 9, 2020, and the court of original judgment rendered
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 a request for retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the Criminal Procedure Act.
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, e.g., Supreme Court Decision 2015Do8243, Nov. 26, 2015). Thus, the judgment of the court below became unable to be maintained as it is.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The facts constituting an offense and summary of the evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for the addition of “1. Defendant’s trial testimony” in the column of the evidence.
Application of Statutes
1. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the pertinent criminal facts, and Article 3(1) of the Act on Special Cases concerning the Selection of Punishment