특정범죄가중처벌등에관한법률위반(위험운전치상)등
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 one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is unreasonable as it is excessively unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
A. According to the records of this case of illegality in the trial proceedings, the court below served a copy of indictment, a summons of the defendant, etc. on the method of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and sentenced eight months to imprisonment by conducting the trial in the absence of the defendant. The defendant claimed the recovery of the right of appeal against the above judgment of the court below formally finalized, and argued that he was unaware of the fact that the judgment was pronounced because he was unable to obtain a copy of indictment, a writ of summons of the defendant, etc.
Comprehensively taking account of the above facts acknowledged, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion of Litigation, etc. as the defendant was unable to attend the trial of the court below
Recognizing this, this Court has conducted a new litigation procedure, such as serving a copy of indictment on the defendant, and rendered a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). Accordingly, the judgment of the court below cannot be maintained as it is.
B. The prosecutor of the amendment to the indictment shall change the term “the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Driving Motor Vehicles)” to “the violation of the Act on the Aggravated Punishment, etc. of Traffic Accidents” in the name of the crime against the defendant in the trial of the defendant, and “Article 5-11 (Bodily Injury resulting from Driving Motor Vehicles) of the Act on the Aggravated Punishment, etc. of Specific Crimes” in the applicable law to “Article 3(1) and Article 3(2) proviso of the Act on the Aggravated Punishment, etc. of Traffic Accidents and Article 268 of the Criminal Act,” respectively.