The judgment of the court below is reversed.

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

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

1. The sentencing of the court below (10 months of imprisonment) is too large and unfair.

2. According to the records of ex officio determination, ① the court of original judgment sent a writ of summons, etc. by means of public notice delivery pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and sentenced ten months to imprisonment by conducting a trial in the absence of the defendant. ② When the defendant is arrested by the execution of a sentence in accordance with the judgment below which became formally final and conclusive, the defendant claimed the recovery of the right to appeal and claimed that he was unaware of the fact that he did not receive a copy, etc. of the indictment, and ③ the court of original judgment recognized that the defendant was unable to appeal within the appeal period due to a cause not attributable to the defendant

As the Defendant was unable to attend the trial in the lower court due to a cause not attributable to the Defendant, the lower court’s judgment constitutes “when there is a cause for requesting a retrial” (see Supreme Court Decision 2015Do8243, Nov. 26, 2015) which is the grounds for appeal prescribed in Article 361-5 subparag. 13 of the Criminal Procedure Act, which is the grounds for appeal (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the lower court cannot be maintained as it is, given that the lower court is proceeding with a new

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed without examining the defendant's improper assertion of sentencing, and it is again decided after pleading.

[Re-written judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in the corresponding column of the judgment of the court below, except for addition of "1. Defendant's oral statement" to the summary of evidence.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting an offense (the driving of drinking alcohol) of the relevant Act;