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(영문) 대전지방법원 2018.02.08 2017노3545
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 18(2) and (3) and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings cannot be confirmed until six months have passed since the date of receipt of a report on the failure to serve on the defendant in the trial proceedings at the first instance court, and if the location of the defendant is not confirmed even though he/she took necessary measures to confirm the location of the defendant, he/she shall be served by public notice after taking necessary measures to confirm the location of the defendant.

According to the records of this case, the court of original judgment served a copy of the indictment, a writ of summons of the defendant, etc. on the domicile of the defendant (Segu in Daejeon) on October 10, 2016, but each service impossible due to the absence of closure on October 17, 2016, the court of original judgment ordered the prosecutor to correct the address of the defendant. The prosecutor ordered the prosecutor on December 15, 2016 to the court of original judgment to the effect that the defendant's domicile was not changed on December 15, 2016. The court of original judgment requested the head of the Daejeon District Police Station in Daejeon, which has jurisdiction over the defendant's domicile to find the location of the defendant, and on February 2, 2017, the court of original judgment received a detection report to the court of original judgment on February 2, 2017, which stated that "the defendant's domicile was closed, but the court of original judgment shall serve the defendant on April 5, 2017, which was closed to the court of second instance.

According to the above facts of recognition, the court of original judgment is a report on the failure to serve on the defendant.

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