1. Article 457-2(1) of the Criminal Procedure Act provides that “No sentence more severe than that imposed by a summary order shall be imposed on a case for which the defendant has requested formal trial” (Article 457-2(1) provides for the principle of prohibition of raising the penalty in the case for formal trial.

This applies to the appeal case against the judgment of the court of first instance against which the defendant has been sentenced to a fine for formal trial.

2. According to the records, the following facts are revealed. A.

The progress of the 2019No671 case among the two cases joined in the original judgment is as follows.

1) On January 15, 2019, the Jeonju District Court rendered a summary order of KRW 7 million to the Defendant regarding the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), the crime of violation of the Road Traffic Act (Refusal of measurement), and the crime of violation of the Road Traffic Act (non-exclusive license). The Defendant requested formal trial only (2) on May 14, 2019, the first instance court sentenced the Defendant to a fine of KRW 7 million, and the Defendant filed an appeal.

B. The progress of the 2020No95 case among the two cases joined in the court below is as follows.

1) On June 28, 2019, the Defendant was indicted to the Jeonju District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act (Free Driver’s License) (2). The first instance court sentenced the Defendant to six months of imprisonment on January 14, 2020, and the Defendant filed an appeal.

C. The court below reversed the judgment of the court of first instance on April 9, 2020 after combining all of the above appeal cases ex officio, and decided that all of the crimes in its judgment were concurrent crimes and sentenced to six months of imprisonment.

3. Examining the above facts in light of the legal principles as seen earlier, the first instance court’s judgment of the first instance court that rendered a request for formal trial against the summary order is a case for which only the Defendant requested formal trial, and thus, selects a penalty of imprisonment with prison labor of the kind heavier than a fine imposed by the summary order.