The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of the grounds for appeal and the sentencing of the case (six months in prison);

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

According to the records, the court of original judgment served a copy of the indictment and a writ of summons by public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served a copy of the indictment by public notice, and tried in the state of absence of the defendant, and sentenced the defendant for six months. The defendant filed a request for recovery of the right of appeal against the judgment of final and conclusive judgment, and stated that he was unaware of the progress of the judgment of

Thus, the defendant's failure to attend the trial of the court below is recognized as the grounds for the request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings due to the lack of causes attributable to the defendant in the trial of the court below. Accordingly, this court shall proceed with new litigation procedures, such as serving the defendant with a duplicate of indictment, and render a new judgment according to the result of new trial (see Supreme Court Decision 2015Do8243, Nov. 26,

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of the evidence recognized by the court below, and the summary of the evidence, are the same as the corresponding column of the judgment of the court below, except where "1. defendant's statement" in the summary of the evidence of the court below is deemed as "1. defendant's oral statement" and thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(1)1 and Article 44 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) regarding criminal facts and the choice of punishment.