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(영문) 청주지방법원 2016.12.15 2016노811
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unable to attend the trial of the lower court due to a cause not attributable to him. Therefore, the lower court erred by misapprehending the legal doctrine on the grounds for filing a petition for retrial under Article 23-2(1) of the Act on Special Cases Concerning

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. According to the record of determination as to the ground for request for retrial, the court below may recognize the fact that the court below made a decision to recover the right of appeal on the ground that the defendant's request for recovery of his/her right of appeal was made on the ground that the defendant was arrested in the execution of a punishment formally finalized by the above judgment of the court below and the defendant was not served with a copy of the indictment and a writ of summons of the defendant, etc. by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even after taking measures to confirm the whereabouts of the defendant, such as correction of address, request for detection of location, and issuance of detention warrant, etc., and that the defendant's request for recovery of his/her right of appeal constitutes cases where the defendant was unable to make an appeal

According to the above facts, there is no reason for the defendant to attend the trial of the court below, and there is a reason for the request for retrial under Article 23-2(1) of the Act on Special Cases Concerning the Promotion of Legal Proceedings

This part of the defendant's argument is justified.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court, as well as evidence related thereto.

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