도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. Ex officio determination
A. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Service of Public Disclosure and Article 19(1) of the Special Rule on the Promotion, etc. of Lawsuits provides that the method of service of public disclosure shall be applied only when the location of the defendant is not confirmed at the expiration of six months from the receipt of the report, even though the defendant took necessary measures to confirm the location of the defendant.
According to the records, although the court below served the defendant's written indictment and the summons of the defendant on the defendant's family members living together, the defendant did not appear on the date of the public trial, and the report on the failure to serve on the defendant was first received on March 29, 2017. The court below ordered the defendant to serve public notice on September 26, 2017, where six months have not passed from the court below, and the court below subsequently ordered the defendant to serve public notice on the defendant. The court below can find the facts that the defendant tried without the attendance of the defendant and sentenced the decision of April 29, 2017.
According to the above facts of recognition, the court of original judgment was served by the method of public notice service before six months have passed from the time of receipt of the report of impossibility of service, and the defendant was sentenced to the defendant's imprisonment with prison labor for six months. Thus, the court below erred by violating the law on litigation procedures and thereby affecting the conclusion of the judgment.
B. The lower court found the Defendant guilty of violation of road traffic laws by repeated driving of a fine of not less than 5 million won and not more than 10 million won and sentenced the Defendant to four months of imprisonment with prison labor after choosing imprisonment with prison labor. Even if the amount of reduction is reduced, the lower court’s imprisonment with prison labor for not less than six months, provided that there are no other legal grounds for mitigation.