도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
According to the records, the court of original judgment shall serve 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 the Promotion, etc. of Legal Proceedings, and shall proceed with the trial while the defendant is absent, and the defendant filed a petition for recovery of his/her right of appeal against the judgment of the court of original judgment formally finalized, on February 14, 2020, and the court of original judgment recognized on February 28, 2020 that the defendant did not appeal within the appeal period due to a cause not attributable to the defendant
According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant. Thus, the court below's judgment has a ground for requesting a retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for requesting a retrial" which is the ground for appeal under Article 3
Therefore, this court shall proceed with a new litigation procedure by delivering a copy of indictment to the defendant and render a new judgment according to the result of a new trial, so the judgment of the court below cannot be maintained as it is.
3. The lower court’s conclusion is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of the above ex officio reversal, and further decided as follows.
【Cause of the Judgment of the court below’s reasoning】 Criminal facts against the defendant recognized by this court and summary of the evidence are identical to each corresponding column of the judgment of the court below in addition to adding “1. Defendant’s oral statement” to the main part of the evidence of the court below’s judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;