The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

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

The record reveals that the court below 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 sentenced the judgment of the court below by proceeding a trial in the absence of the defendant. The defendant alleged that he was unable to receive a copy, etc. of indictment and was unaware of the fact that the judgment was pronounced when he filed a petition for recovery of his right of appeal, and that the defendant was unable to file an appeal within the appeal period

According to the above facts, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Litigation on the ground that the defendant was unable to attend the trial of the court below due to

Recognizing this, this court has completed a new litigation procedure, such as serving a copy of indictment on the defendant, and rendered a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). Accordingly, the judgment of the court below became impossible to maintain it as it is.

3. As such, 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 below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(2)1 and Article 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts and Article 154 subparag. 2 of the Road Traffic Act.