The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of the instant case.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

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

A. A case that does not constitute death penalty, life imprisonment, or imprisonment with or without labor for more than ten years (long-term) may be tried without a defendant's statement, as prescribed by the rules of the Supreme Court, where it is impossible to identify the defendant's whereabouts until six months have passed since the receipt of the report on the failure to serve on the defendant pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter "Special Provisions") (hereinafter "Special Provisions Concerning Litigation Promotion").

However, in a case where a defendant who has been convicted pursuant to the special provisions and became final and conclusive was unable to appear in the trial proceedings due to a cause for which he/she could not be held responsible, he/she may request the first instance court to conduct a retrial within 14 days from the date on which he/she became aware of the fact that the judgment was rendered pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “Rules for Review”). If he/she fails to request a retrial within the above period due to a cause for which he/she could not be held responsible, he/she may request the first instance court to conduct a retrial within

In regard to the judgment of the first instance, which became final and conclusive upon conviction without a defendant's statement pursuant to special provisions, where the defendant requested recovery of appeal for the reason that he could not file an appeal within the period of appeal due to a cause not attributable to the defendant or his representative without requesting reexamination pursuant to the provisions of reexamination, and where the defendant claimed recovery of appeal for the reason that he could not bring an appeal within the period of appeal due to a cause not attributable to him, if it includes circumstances in which the defendant could not