도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
1. The summary of the grounds for appeal is too minor for the original judgment.
2. Review of ex officio determination records reveals the following facts:
① Under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the lower court served a copy of indictment, a writ of summons, etc. by public notice, and proceeded with the trial while the Defendant was absent, and sentenced the Defendant for six months.
② The judgment of the lower court prior to remanding was formally final and conclusive by dismissing the prosecutor’s appeal after serving a writ of summons, etc. by means of service prior to remanding the case on the grounds of unreasonable sentencing, and having served the prosecutor’s appeal in the absence of the Defendant.
③ Since then, the Defendant filed a claim for recovery of the right to appeal, and the court recognized that the Defendant was unable to file an appeal within the period of appeal due to any cause not attributable to the Defendant.
④ The Supreme Court rendered a judgment of the original court, which became final and conclusive, while the defendant was absent due to a cause not attributable to him, and dismissed the prosecutor’s appeal by proceeding with the trial without having been absent due to a cause not attributable to him. As such, the Supreme Court reversed the judgment of the first instance court prior to remand, which determined that there exists a ground for request for retrial, and remanded it to this court.
Therefore, since there is no reason attributable to the defendant who was unable to attend the trial of the court below, the court below did not have a reason to request a retrial, and accordingly, this court tried to proceed with new litigation procedures such as delivering a copy of indictment to the defendant.
3. As above, the judgment of the court below is reversed without examining the prosecutor's allegation of unfair sentencing, and the judgment below is ruled as follows through pleading.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court.