교통사고처리특례법위반(치사)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.
2. According to the records of ex officio determination, the court of original judgment served a copy of indictment and a writ of summons, etc. by means of public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced eight months to imprisonment by means of deliberation in the absence of the defendant. After which the defendant requested the recovery of the right of appeal against the judgment of the court below which became formally final and conclusive, the defendant stated that he was unaware of the progress of the judgment of the court of first instance by public notice,
Therefore, 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 lack of causes attributable to the defendant in the trial of the court below. Accordingly, this court shall proceed with new litigation procedures and render a new judgment according to the results of a new trial, such as serving a duplicate of indictment on the defendant (see Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 2015Do8243, Nov. 26, 2015);
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the following decision is rendered through pleadings.
【The reasoning of the judgment in multiple times】 The facts constituting the crime and the summary of the evidence acknowledged by the court below and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for the case where the "each police interrogation protocol against the defendant" was changed to the "1. The defendant's trial testimony" as stated in the summary of the evidence of the court below. Thus, they are cited as it is
Application of Statutes
1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;