도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of the grounds for appeal and the sentencing of the case (six months in prison);
2. Prior to the judgment on the grounds for appeal ex officio, following the record, the court of original judgment served a copy of the indictment and a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced the defendant to six months of imprisonment by proceeding with prison labor, while the defendant was absent. The defendant stated that he was unaware of the progress of the trial in the first instance by public notice when he requested the recovery of his right to appeal against the judgment of the court below formally finalized, and that the decision to recover the right to appeal
Thus, the defendant's failure to attend the trial of the court below is recognized as the grounds for the request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings due to the lack of causes attributable to the defendant in the trial of the court below. Accordingly, this court shall proceed with new litigation procedures, such as serving the defendant with a duplicate of indictment, and render a new judgment according to the result of new trial (see Supreme Court Decision 2015Do8243, Nov. 26,
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows.
[Discied reasoning of the judgment below] Criminal facts and the summary of the evidence admitted by this court and the summary of the evidence are as stated in the corresponding column of the judgment below, except where "1. Police Suspect Examination of the Defendant's Suspected Examination of the Defendant's Suspected Examination of the Defendant's Suspected Examination of the Defendant's Suspected Examination of the Defendant's Criminal Procedure Act" as "1. Defendant's oral statement".
Application of Statutes
1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. Probation;