1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

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

2. According to the records of ex officio determination, ① the court of original judgment shall serve a writ of summons, etc. to the defendant by means of service by public notice pursuant to Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings, and sentenced ten months to imprisonment by conducting hearings in the absence of the defendant, ② the defendant has filed a claim for recovery of his right of appeal against the judgment of final and conclusive court, ③ The court of original judgment recognizes that the defendant was unable to appeal within the appeal period due to reasons for which

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. Thus, 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.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the same as the corresponding column of the judgment of the court below, except for the case where the second part of the court below's summary of the evidence "the police interrogation protocol of the defendant against the defendant" in the 19th part of the second part of the court below's summary "1. The defendant's trial statement" is deemed as "the defendant's trial statement"

Application of Statutes

1. Relevant provisions of Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;