The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

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

According to the records, the court of original judgment sent a copy of the indictment by public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings because the whereabouts of the defendant cannot be confirmed, and sent a copy of the indictment to the defendant on February 5, 2020, while the procedure of trial is in the absence of the defendant, and sentenced the defendant on February 5, 2020. The defendant filed a petition for recovery of his right to appeal against the judgment of the court below on July 10, 2020. The court of original judgment made a decision to recover the defendant's right to appeal on July 29, 202

According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to himself. Thus, the court below recognized the grounds for a request for retrial under Article 23-2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the

Thus, the appellate court, as the appellate court, shall proceed with a new litigation procedure by delivering a duplicate of indictment, etc., and reverse the judgment of the court below and render a new judgment according to the result of a new trial. Thus, the judgment of the court below cannot

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and the Selection of Punishment for the former Road Traffic Act on December 24, 2018