도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentencing of the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. According to the records of ex officio determination, the court of original judgment sent a copy of indictment and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Lawsuit, and sentenced the defendant to one year and six months of imprisonment by conducting deliberation in the absence of the defendant. ② When the defendant is formally arrested in the execution of punishment by the judgment below which became final and conclusive, the defendant claimed that he was unaware of the fact that he applied for recovery of the right to appeal and was unable to receive a copy of indictment, etc., and ③ The court of original judgment recognized that the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant, and determined
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’s judgment cannot be maintained as it is, given that the Defendant is unable to serve a duplicate of indictment on the Defendant,
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 judgment] The facts constituting an offense and summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, with the exception of adding “1. Defendant’s oral statement” to the summary of the evidence of each case.
Application of Statutes
1. Criminal facts;