The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is not good and thus the defendant was unable to attend the court below's decision, and even if the defendant was absent, the court below erred by proceeding the court decision in the situation where the defendant was not present.

2. According to Article 365 of the Criminal Procedure Act applied mutatis mutandis pursuant to Article 458 of the same Act, where a defendant who has requested a formal trial against a summary order fails to appear in the court on the date of the formal trial procedure, the new date shall be set, and where the defendant fails to appear in the court on the new date without justifiable grounds, the court may render a judgment without

According to the trial records of the court below, the defendant was served with a writ of summons of the defendant on September 7, 2018 and was absent on the corresponding date, and thereafter served on October 5, 2018, and was absent on the pertinent date (the service through the detention house house is made because the defendant was confined to the Incheon detention house). The court below rendered a judgment after concluding the pleadings on October 5, 2018 pursuant to Articles 365 and 458(2) of the Criminal Procedure Act, which declared that the defendant was unable to attend because he was unable to physical body before each date. On the other, although the defendant submitted a written reason for non-appearance, it can be recognized that materials about specific health conditions were not submitted, and that the body is not sufficient merely because the body is insufficient, there is no justifiable reason for the non-appearance of the defendant.

Ultimately, as long as the defendant was absent on two consecutive occasions on the date of application for a formal trial against a summary order even after being summoned as above, it is legitimate for the court below to render a judgment by holding a new trial without the attendance of the defendant (Articles 458 and 365 of the Criminal Procedure Act). Thus, the above argument by the defendant is without merit.

3. Thus, the defendant's appeal is without merit.