The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, ① the court below served a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced six months to imprisonment by proceeding a trial in the absence of the defendant. ② The defendant was unable to appear in the trial due to a cause not attributable to him/her, and the defendant filed a petition for recovery of his/her right of appeal in the absence of appeal within the appeal period. ③ The court of original judgment

Since the Defendant was unable to attend the trial in the trial due to a cause not attributable to the Defendant, there was a ground for requesting a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes “when there is a ground for requesting a retrial,” which is the ground for appeal under Article 361-

(see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Accordingly, this Court shall proceed with a new litigation proceeding and render a new judgment according to the result of a new trial, and thus, the lower judgment cannot be maintained as it is.

3. The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided after oral argument.

[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation are recognized, and the defendant reflects his/her wrongness.