교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
Article 63 (1) of the Criminal Procedure Act provides that when the dwelling, office, or present position of the defendant is unknown, the service of disclosure may be made.
Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 18(2) and (3) and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that service on the accused shall be made by means of public notice when the location of the accused is not confirmed even though the accused was requested to investigate the location of the accused, to issue a warrant for arrest, to correct the address, or to take other necessary measures.
Therefore, in a case where other addresses, contact numbers, etc. of the defendant appear on the record, an attempt is made to detect the location of the defendant at such address and identify the place where the defendant will be served, and it is not allowed to serve the notice immediately and make a judgment without the defendant’s statement (see Supreme Court Decision 2009Do12430, Jan. 28, 2010, etc.). According to the records in the instant case, the police interrogation protocol against the defendant may recognize the facts described in the residence (No. 201 Dong 101, Dong 101, Dong 101, Dong 201, Dong 101), the contact address of the wife at the time of the defendant’s person (P and Q), and in such a case, the court below attempted to serve the above summons with the new domicile or to have contact with the above cell phone prior to the service of the public notice and to have it confirmed the place where the defendant will receive it.
Despite the fact that such measures should be taken, the service should be made by the method of public announcement immediately without taking such measures, and the judgment without making the statement of the defendant. Thus, the judgment of the court below is Article 23 of the Act on Special Cases and the above.