도로법위반
A retrial shall commence with respect to the part of the requester for retrial among the summary orders subject to retrial.
The instant case is in trial proceedings.
Since Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005) which was determined as unconstitutional by the Constitutional Court decision of October 28, 2010 [2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger)] of the summary order subject to review is based on Article 86 of the same Act (amended by Act No. 4920, Jan. 5, 1995), there are grounds for retrial under the proviso of Article 47(2) and (3) of the Constitutional Court Act.
Therefore, since the request for retrial of this case is well-grounded, it shall commence a new trial on the part of the person who requested a new trial among the summary order subject to a new trial pursuant to Article 435(1) of the Criminal Procedure Act, but since this case cannot be considered as a summary order, it shall be decided in accordance with Article 450 of the Criminal Procedure Act
July 2, 2013