The prosecution of this case is dismissed.

1. The summary of the facts charged was driven by the Defendant at around 21:20 on July 17, 201, while under the influence of alcohol content of 0.056%, and the Defendant was driving a car to be operated in the section of about 500 meters from the section of the 500-meter radius to the upper street of the 500-meter radius in front of the 500-meter radius.

2. According to the records of this case, on December 23, 2014, the public prosecutor D of the original branch office of the Chuncheon District Public Prosecutor's Office requested this Court to issue a summary order against E as Punishment No. 14270 in December 23, 2014, and this Court issued the summary order against the Defendant on February 6, 2015, and on January 17, 2014, the facts constituting the crime of the said summary order are that the Defendant was driving under the influence of alcohol. However, the Defendant had already been issued a summary order on May 16, 2014 by this Court as Punishment No. 2014Ga503 for the same criminal facts, and the Defendant had already received the summary order on the ground that it had already been issued under the same criminal facts.

According to Article 248(1) of the Criminal Procedure Act, a public prosecution is effective against a person other than the defendant designated by a public prosecutor. Thus, insofar as a public prosecutor instituted a public prosecution of this case against E, the public prosecution is not effective against the defendant.

However, it is necessary to clearly resolve the unstable status of the defendant by applying for formal trial against the above summary order, in the sense that it is clear that the defendant did not have a legitimate institution of public prosecution, by applying Article 327 subparagraph 2 of the Criminal Procedure Act to the effect that the defendant did not have a legitimate institution of public prosecution.

(See Supreme Court Decision 92Do2554 delivered on January 19, 1993, and Supreme Court Decision 97Do2215 delivered on November 28, 1997, etc. It is so decided as per Disposition.