(영문) 수원지방법원 2018.07.04 2018노972 | 리걸엔진

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(영문) 수원지방법원 2018.07.04 2018노972

교통사고처리특례법위반(치상)

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight months.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the charges of this case by misunderstanding the fact, although the Defendant was driving the victim other than the Defendant.

B. The sentence of the lower court’s unfair sentencing (eight months) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records of this case, the lower court: (a) served a writ of summons, etc. of the Defendant on the method of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served a trial in the state of absence of the Defendant; and (b) asserted that the Defendant claimed recovery of his/her right of appeal when he/she filed a request for recovery of his/her right of appeal when he/she was arrested through the formal final and conclusive judgment of the lower court; and (c) recognized that the Defendant was unable to file an appeal within the appeal period due to a cause not attributable to the Defendant on January 25, 2018, and rendered a decision on recovery of right of appeal.

Therefore, barring any special circumstance, there is no reason to believe that the defendant was unable to attend the trial of the court below, and thus, there is a ground to request a retrial under the Act on Special Cases concerning the Promotion of Lawsuit falling under the Reasons for Appeal under Article 361-5 Item 13 of the Criminal Procedure Act

As such, the appellate court should proceed with a new litigation procedure against the defendant and make a new decision according to the result of a new trial.

Therefore, the judgment of the court below can no longer be maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court.

3. The following circumstances acknowledged based on the evidence duly adopted and examined by the trial court on the Defendant’s assertion of mistake of facts, i.e., ①., the following.

유사 판례

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