The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. According to the records of ex officio determination, ① the court below served 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 ten months to imprisonment by proceeding with prison labor, while the defendant was absent. ② The defendant was unable to appear in the trial due to a cause not attributable to him/her; ② the defendant filed a petition for recovery of his/her right of appeal while failing to file an appeal within the appeal period; ③ The court below recognized

Since the Defendant was unable to attend the trial in the trial due to a cause not attributable to the Defendant, there was a ground for requesting a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes “when there is a ground for requesting a retrial,” which is the ground for appeal under Article 361-

(see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Accordingly, this Court shall proceed with a new litigation proceeding and render a new judgment according to the result of a new trial, and thus, the lower judgment cannot be maintained as it is.

2. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed ex officio.

[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Article 152 Subparag. 1, Article 43 of the Road Traffic Act, Article 148-2(2)2, Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 151 of the Road Traffic Act; Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 46(2)2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 15530, Mar. 27, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;