도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, following the record, the court of original judgment sent a copy of the indictment and a writ of summons by public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced the defendant to one year by conducting deliberation in a state where the defendant was absent. The defendant stated that he was unaware of the progress of the trial in the first instance by public notice when he requested the recovery of the right to appeal against the judgment of the court which became formally final and conclusive, and that he was unaware of the progress of the
Thus, the defendant's failure to attend the trial of the court below is recognized as the grounds for the request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings due to the lack of causes attributable to the defendant in the trial of the court below. Accordingly, this court shall proceed with new litigation procedures, such as serving the defendant with a duplicate of indictment, and render a new judgment according to the result of new trial (see Supreme Court Decision 2015Do8243, Nov. 26,
3. Thus, 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 ruled as follows.
[Dao-written judgment] Criminal facts and the summary of evidence acknowledged by this court are as follows: (a) the police interrogation protocol on the defendant 1. Of the “a summary of evidence” of the judgment of the court below is deleted; and (b) except the addition of “a defendant’s oral statement at the trial” as stated in the corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369
Application of Statutes
1. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment concerning criminal facts;