[도로교통법위반][하집2002-2,609]
Where the chief of police station finds that a request for formal trial has been made by a defendant for a summary judgment while the request for summary judgment has been dismissed, and the case records have been sent to a court through the public prosecutor's office, the method of handling the case ( =
In a case where a legitimate formal trial is requested with respect to a summary judgment sentenced by the chief of a police station upon the request for a summary judgment, the request for a summary judgment shall be judged in accordance with the Criminal Procedure Act, and in this case, the chief of a police station shall have the same effect as the prosecution by the public prosecutor. However, even though the request for a summary judgment has lost its effect by dismissing it by the judge in charge of the summary judgment, if the case was sent to the court by mistake that there was a request for a formal trial by the defendant against the summary judgment, then the case shall be dismissed by applying Article 327 subparagraph 2 of the Criminal Procedure Act, stating that there was no legitimate prosecution against the defendant in order to clearly solve the legal instability of the defendant, so the case shall be terminated by applying mutatis mutandis the judgment of the public prosecutor,
[1] Articles 327 subparag. 2 and 455(3) of the Criminal Procedure Act; Articles 5(1) and (2), 14(3), and 19 of the Procedure Act concerning summary Trials
[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)
Defendant
The prosecution of this case is dismissed.
Indictment
On December 19, 2001, around 07:56, the Defendant driven a vehicle A at a point of 8 km from the upstream line on the expressway, and passed the road on the side of the expressway.
Maz.
According to the records of this case, the head of Yongsan Police Station shall notify the defendant of the payment of the penalty against the act of violation under the Road Traffic Act, such as the facts charged by the defendant, but did not pay the penalty, pursuant to Article 120 of the Road Traffic Act, the defendant requested a summary judgment against the party member. Accordingly, since the judge in charge of the party member's summary judgment dismissed the claim of such summary judgment in accordance with Article 5 (1) of the Procedure Act on February 2, 2002 (hereinafter referred to as the "Procedure Act"), the head of Yongsan Police Station shall transfer the case to the head of the Seocho District Office in Seoul District Public Prosecutor's Office under Article 5 (2) of the same Act (the decision whether to prosecute the case by the public prosecutor is the same as the general case after the dispatch is made), he can find the facts of this case by sending the records of this case to the head of the Seoul District Public Prosecutor's District Public Prosecutor's Office under Article 14 (3) of the Procedure Act and the head of Dong branch office can find the facts of this case.
On the other hand, when a request for a lawful formal trial is made with respect to a summary judgment rendered by the chief of a police station on the claim for a summary judgment, the case shall be tried according to the trial proceedings under the Criminal Procedure Act (Article 19 of the Procedure Act and Article 455(3) of the Criminal Procedure Act). In this case, the chief of a police station's request for a summary judgment shall have the same effect as the public prosecutor's indictment. Although the claim for a summary judgment in this case lost its effect by dismissing it by a judge in charge of the summary judgment, it is erroneous that there was a defendant's request for a formal trial against the summary judgment as above, and the records in this case were sent to party members, i.e., where a public prosecution was instituted against the defendant in form or appearance, i., where there was no legitimate prosecution against the defendant in order to clearly solve the legal instability of the defendant, it shall be dismissed by applying Article 327
Judges Ansan-gu