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(영문) 수원지방법원 2015.02.05 2014노7699
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s decision by publication is unlawful.

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

2. Where the service of judgment documents becomes impossible, an attempt should be made to find a place where a defendant can receive service, such as serving documents at the actual place of residence recorded in the record or confirming telephone prior to the decision of service by public notice, and it is unlawful to render a judgment without a defendant’s statement without taking such measures.

(2) According to the records, the defendant's location is unknown without taking such measures as contact with the above telephone number and contact number of the defendant, although the court below attempted to contact with the above telephone number before making a decision of service by public notice, and the defendant's leakage or contact number was turned out. Thus, the court below determined that the defendant's location cannot be known without taking such measures, and the defendant's summons was served by public notice by public notice, and the defendant's address was examined and judged without his/her attendance.

Therefore, since the court below cannot be deemed to have taken necessary measures to confirm the whereabouts of the defendant, this case cannot be deemed to constitute "when the dwelling, office, or present address of the defendant is unknown" which is the requirement of service by public notice, and the court below's proceeding without the defendant's statement after serving a writ of summons by public notice and making a judgment without the defendant's statement is unlawful, since it constitutes a case where the defendant did not give the defendant an opportunity to attend without any justifiable reason, this part

3. Conclusion.

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