A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

A. The Defendant, who was mentally and physically under the influence of alcohol at the time, committed the instant crime under the influence of mind and body.

B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. With respect to a case that does not fall under death penalty, death penalty, imprisonment with or without labor for life or for more than ten years, a trial may be conducted without a statement of the defendant, as prescribed by the rules of the Supreme Court, where the location of the defendant cannot be confirmed until six months have passed since the receipt of the report on the failure to serve on the defendant pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Provisions of this case”).

However, in case where a defendant who was convicted pursuant to the special provisions of this case was not able to attend the trial due to a cause for which he cannot be held responsible, the defendant, etc. may request the first instance court to conduct a retrial within 14 days from the date on which he becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “the provisions of this case”). If the defendant, etc. was unable to request a retrial within the above period due to a cause for which he cannot be held responsible, he may request the first instance court to conduct a retrial within 14 days from the date on which the cause ceases to exist.

As to the judgment of the first instance, which became final and conclusive upon conviction without the defendant's statement pursuant to the special provisions of this case, where the defendant filed a claim for recovery of appeal for the reason that the defendant or his representative could not file an appeal within the time limit for appeal due to a cause not attributable to him/her without a request for reexamination pursuant to the provisions of the retrial of this case, and where the defendant included the circumstances in which the defendant could not attend the trial due to a cause not attributable to him/her, this case's retrial