The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) 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 absence of the Defendant; (b) served on May 17, 2017, and sentenced the Defendant to six months of imprisonment; and (c) filed a petition for recovery of the right to appeal on May 3, 2018, recognizing that the Defendant was arrested in the course of formally finalized judgment by execution of punishment by the lower court; and (c) the lower court rendered a decision

Therefore, the court below's decision that there is no reason for the defendant to be unable to attend the trial of the court below, and there is a reason for requesting a retrial under the Special Act on the Promotion, etc. of Litigation falling under the Reasons for Appeal under Article 361-5 No. 13

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.

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 unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by this court is as follows, except for the addition of “1.1 Defendant’s oral statement” to the summary of the evidence, as stated in each corresponding column of the lower judgment. As such, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparagraph 1 of the Road Traffic Act and Articles 152 and 43 of the same Act concerning facts constituting an offense;