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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (six months of imprisonment) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
A. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18(2) and (3), and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that where it is impossible to confirm the location of the defendant by the lapse of six months after receipt of the report on the failure to serve on the defendant at the trial of the court of first instance, and where the location of the defendant is not verified even though he/she took necessary measures to identify the location of the defendant, service to the defendant by means of public disclosure.
However, according to the records of this case, the court below decided on Oct. 8, 2015 that the service of the defendant to the public notice was made on March 3, 2016, where six months have not passed since Oct. 8, 2015, which was reported as a result of the location investigation that the defendant does not reside in his/her domicile and other than his/her residence cannot be known. Such decision of the court below is unlawful in violation of the special rules on the promotion, etc. of litigation and the special rules on the promotion, etc. of litigation, and affected the judgment.
Therefore, the judgment of the court below can no longer be maintained in this respect.
B. Meanwhile, the lower court applied Article 46(2)2 and the main text of Article 8 of the current Guarantee of Automobile Damage Compensation Act (a statutory penalty: imprisonment with prison labor for not more than one year or a fine not exceeding ten million won) with respect to the operation of automobiles, among the facts constituting an offense in the judgment below.
However, the current penal provision of the Automobile Management Act was amended on January 6, 2015 and enforced on the same day, and thus, the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter the same) concerning the above criminal facts committed before the enforcement of the Act.