특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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.
The lower court rendered a judgment that found the Defendant guilty of the facts charged in this case by going through a trial without the Defendant’s statement pursuant to the main sentence of Article 23 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, Etc. (hereinafter “the Act on Special Cases concerning the Promotion, etc.”) on the Grounds for Appeal pursuant to Article 23-2(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, on the ground that the Defendant was unable to appear in the original trial due to a cause not attributable to him. Thus,
The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.
With respect to a case that does not constitute death penalty, life imprisonment, or imprisonment with or without labor for more than ten years as to the assertion of grounds for a request for retrial, the court of first instance recognized special cases concerning the trial proceedings in accordance with Article 23 of the Litigation Promotion Act (hereinafter “Special Provisions”), and where the whereabouts of the defendant cannot be confirmed even after six months have passed since the receipt of the report on failure to serve on the defendant, it may be tried without the statement of the defendant, as prescribed by the rules of the Supreme Court.
However, in a case where a defendant who was convicted pursuant to the special provisions of this case was not able to attend the trial due to a cause for which he cannot be held responsible, the defendant, etc. may request the first instance court to conduct a retrial within 14 days from the date on which he becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “the retrial provisions of this case”). If the defendant, etc. failed to request a retrial within the above period due to a cause for which he cannot be held responsible, he may request the first instance court to conduct a retrial within 14 days from the date on which the cause ceases to exist.
As to the judgment of the court of first instance rendered guilty without a defendant's statement pursuant to the special provisions of this case, the defendant did not request a retrial pursuant to the provisions of this case, and the defendant or his agent did not request a retrial.