1. As to the first ground for appeal, the Defendant did not state “I” in the column for confirmation of the driver of the notification as a result of the control over driving of personal information devices, and the Defendant’s allegation in the lower judgment that the Defendant erred by mistake in the fact-finding on the use of the electronic records, etc. of the instant facts charged and the use of the electronic records, etc. (hereinafter “instant facts charged”), such as private electronic records, etc., among the instant facts charged, was alleged only in the final appeal that the Defendant deemed the grounds for appeal or that the lower court did not take it as the subject of judgment ex officio, and thus,

2. On the second ground for appeal

A. Article 8(3) of the Punishment of Minor Offenses Act provides that a person who has received a notice of penalty payment and received a notice of penalty payment shall not be punished again for the same offense, and this recognizes the validity corresponding to a final judgment of the payment of penalty by the notification (see, e.g., Supreme Court Decision 2002Do2642, Jul. 11, 2003). Article 326 Subparag. 1 of the Criminal Procedure Act provides for the grounds of acquittal when a final judgment has been rendered, and thus, a person who has received the penalty shall be acquitted by judgment in cases where he/she is prosecuted for the same offense as the same charges

Here, whether the factual basis of the offense and the facts charged is identical should be determined by taking into account both the Defendant’s act and the social factual basis in mind, based on the legal function of the identity of the fact (see Supreme Court Decision 93Do2080, Mar. 22, 1994, etc.). (b) The summary of the instant facts charged is that the Defendant is in charge of duties upon receipt of a request to prepare a letter of confirmation of the driver’s confirmation as a result of driving of a mobile device, from an slope in the Southern Police Station G District (hereinafter “G District”) around Sept. 20, 2015, around September 05.