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(영문) 서울중앙지방법원 2013.10.31 2012노2511
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Although the Defendant did not submit the grounds of appeal within the submission period for the grounds of appeal, the judgment of the court below shall not dismiss the Defendant’s appeal by decision, as follows.

Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18(2) and (3), and 19(1) of the Enforcement Rule of the same Act provide that service on the accused shall be made by public notice in cases where the whereabouts of the accused is not confirmed even though necessary measures are taken to identify the whereabouts of the accused. Article 63(1) of the Criminal Procedure Act provides that service on the accused may be made by public notice only when the dwelling, office, or present location of the accused is unknown. Thus, in cases where other addresses, contact address, etc. of the accused appear in the record, an attempt shall be made to detect the whereabouts of the accused at the address or to identify the place where service is made by public notice, and without taking such measures, service by public notice shall not

According to the records, the court below served a writ, etc. of summons, etc. of the first trial date in Jindo-gun, Jindo-gun, the address of the defendant stated in the application for formal trial, but became impossible to serve due to the addressee's unknown, and later served a writ of summons again as Seoul, Gangnam-gu, Seoul, which is the corrected address, but became impossible to serve due to the addressee's unknown address, and served the defendant's writ of summons by service by public notice, and sentenced the

However, the indictment of this case contains the cell phone number of the defendant in E, and the police interrogation protocol (10 pages of investigation records) of the defendant filed in the investigation records of this case is written in Gangnam-gu Seoul Metropolitan Government F building 618, and the workplace telephone is written in G.

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