도로교통법위반(사고후미조치)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (3 million won in penalty) imposed on the defendant is too unfased.
2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.
Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Articles 18(2) and (3), and 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that service to the accused shall be made by public notice when it is impossible to confirm the whereabouts of the accused after six months have passed since the receipt of the report on the impossibility of service to the accused in the trial in the first instance trial.
However, according to the records of this case, while sending a copy of the indictment and a writ of summons of the defendant to the defendant's domicile on August 3, 2016, the service of the defendant was impossible due to the addressee's unknown whereabouts on August 3, 2016, and the service of the defendant was received from the head of the Seoul Gangseo-gu Police Station upon requesting the detection of the defendant's whereabouts on November 15, 2016 and December 8, 2016. The court below ordered the defendant to be served on the public notice on January 25, 2017 and ordered the defendant to serve the documents related to the lawsuit, such as the summons of the defendant, to be served on the public notice by the public notice of the defendant. After that, the defendant did not appear on the date of trial on February 6, 2017 and on March 7, 2017, the court below rejected the defendant's appearance on March 30, 2017 and closed the examination of evidence without the defendant's appearance.
According to the above facts of recognition, the lower court served the Defendant on January 25, 2017, where six months have not passed since August 3, 2016, for which the report on the failure to serve on the Defendant was received.