교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (ten months of imprisonment) of the original judgment is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal.
According to the records, the court of original judgment shall serve a copy, etc. of indictment by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings because the whereabouts of the defendant cannot be confirmed, and the court of original judgment shall proceed with the trial proceedings in the absence of the defendant and sentenced the defendant to ten months of imprisonment on January 10, 2019. The defendant submitted a written request for recovery of his/her right to appeal on January 30, 2019. The court of original judgment shall each recognize the fact that the court of original judgment rendered a decision to recover the right to appeal of the defendant on the ground that the defendant's application is well-grounded
Therefore, it is recognized that there is no reason attributable to the defendant due to the failure of the court below to attend the trial proceedings and there is a reason for the request for retrial under Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Accordingly, this court shall complete the new litigation procedures, such as serving a copy of indictment on the defendant, and render a new judgment according to the result of a new trial (see, e.g., Supreme Court Decision 2015Do8243, Nov. 26, 201
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
[Discied reasoning of the judgment below] Criminal facts and the summary of evidence acknowledged by this court are deleted in the summary column of evidence, and except for adding "written statement at the trial court of the defendant" to "written statement at the trial court of the defendant," it is identical to each corresponding column of the judgment below. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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