도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.
2. According to the ex officio records, ① the court below served a writ of summons, etc. of the defendant on the method of serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served a hearing in the absence of the defendant and sentenced eight months to imprisonment. ② The defendant was arrested by the execution of the sentence in accordance with the judgment below which became formally final and conclusive, and the judgment was not present because it
It is argued that the court of appeal made a decision to recover the right of appeal by recognizing that the defendant was unable to file an appeal within the period of appeal due to any cause not attributable to him.
As the Defendant was unable to attend the trial in the lower court due to a cause not attributable to the Defendant, the lower court’s judgment constitutes “when there is a cause for requesting a retrial” (see Supreme Court Decision 2015Do8243, Nov. 26, 2015) which is the grounds for appeal prescribed in Article 361-5 subparag. 13 of the Criminal Procedure Act, which is the grounds for appeal (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the lower court cannot be maintained as it is, given that the lower court is proceeding with a new
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed without examining the defendant's improper assertion of sentencing, and it is again decided after pleading.
[Re-written Decision] The summary of the facts constituting an offense and the summary of the evidence is as stated in the corresponding column of the judgment below, except for adding “1. Defendant’s oral statement” to “1. Defendant’s oral statement.”
Application of Statutes
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62(1) of the Criminal Act 1.