(영문) 수원지방법원 2014.10.02 2014노4604 | 리걸엔진

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(영문) 수원지방법원 2014.10.02 2014노4604

교통사고처리특례법위반등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Where the service of ex officio judgment documents becomes impossible, an attempt should be made to find a place where a defendant can receive service by means of serving documents, such as serving documents at the actual place of residence recorded in the record or confirming telephone prior to the decision of service by public notice, and it is unlawful to render a judgment without a defendant’s statement without taking such measures.

(2) According to the records, the defendant's address is written in the indictment as the contact address of the defendant, and the court below attempted to contact with the above phone number and made a call impossible prior to the decision of service by public notice. On the other hand, M (the indictment and the page No. 11 of the investigation records, etc.) was sent to the defendant's contact address. Thus, the court below should have taken measures to identify the location of the defendant, such as contact with the above telephone number, but it was concluded that the location of the defendant could not be known without the defendant's attendance, and the defendant's summons was served by public notice and tried and tried without the defendant's appearance.

Therefore, since the court below cannot be deemed to have taken necessary measures to confirm the whereabouts of the defendant, this case cannot be deemed to constitute "when the dwelling, office, or present address of the defendant is unknown" which is the requirement of service by public notice, and the court below's proceeding without the defendant's statement after serving a writ of summons by public notice and making a judgment without the defendant's statement is illegal as it constitutes a case where the defendant did not give the defendant an opportunity to attend

The judgment of the court below cannot be maintained as it is.

3. In conclusion, the court below's decision is justified.

참조판례

-대법원 2005. 2. 25. 선고 2004도7145 판결

유사 판례

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