도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.
2. According to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Ex officio Proceedings, and Articles 18 and 19 of the Rules on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., if the location of the defendant is not a case corresponding to death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years in the first instance trial, and if the location of the defendant has not been verified by the lapse of six months from the receipt of the report on impossibility of service, despite the fact that the report on impossibility of service to the defendant was received, the service on the defendant shall be made by public notice, and if the defendant fails to appear after being summoned by public notice not less than twice
However, according to the records, the defendant was present at the court below's first trial date after being notified of the date of pronouncement, but was absent on the date of pronouncement, and the court below requested the chief of the police station having jurisdiction over the domicile of the defendant to find the location of the defendant, and the report was received from the court below on June 20, 2013 to the effect that it was impossible to find the location of the defendant later, and the court below ordered the service of the defendant on November 5, 2013, where six months have not passed thereafter, by public notice, and served the summons, etc. to the defendant on November 28, 2013, and then the defendant did not appear twice or more, and thus, the court below revised the judgment without the attendance of the defendant. Thus, the court below's decision by public notice and the litigation procedures conducted thereafter are unlawful.
Therefore, the judgment of the court below cannot be maintained as it is.
3. Conclusion.