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(영문) 수원지방법원 2017.11.24 2017노6946
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. As to the judgment of the first instance court rendered guilty without a defendant's statement pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter "the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings"), in cases where the defendant filed a claim for recovery of right to appeal for the reason that the defendant or his/her representative could not file an appeal within the period for filing an appeal due to a cause not attributable to him/her, if such cause includes circumstances in which the defendant could not be present at the trial due to a cause not attributable to him/her, it is reasonable to deem that the ground for appeal corresponding to "when there exists a cause for filing an appeal" under Article 23-2 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is asserted, and it is reasonable to deem that the ground for

Therefore, in this case, the appellate court should examine whether there are grounds for the request for a retrial under Article 23-2 (1) of the Litigation Promotion Act, and there are such grounds.

If recognized, the judgment of the first instance court shall be reversed, and the judgment shall be rendered again according to the result of a new trial, such as serving a copy, etc. of the indictment again (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). The lower court made a decision on May 25, 2017 to serve a public notice to the Defendant on the date of serving the public notice pursuant to Article 23 of the Litigation Promotion Act in relation to the progress of the trial in 3918 case, and served a copy, summons, etc. of the indictment by serving the public notice and served the defendant with a copy, etc. of the indictment in the form of serving the public notice, while the defendant was absent, and the defendant was sentenced to imprisonment in the form of a formal trial on August 9, 2017 (Joint) (see Supreme Court Decision 2016Da3374, Jun. 25, 2017). The Defendant made a request for the recovery of his/her right of summons, etc.

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