The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. The summary of the grounds for appeal shall not drive a motor vehicle in violation of the signal as stated in the summary judgment application form;

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

In order for a litigation to be established, the principal concept element of the litigation law required for the litigation must be met. The indictment is the legal litigation of the public prosecutor demanding the court to judge a specific criminal case, and Article 254(1) of the Criminal Procedure Act provides that the indictment shall be submitted to the competent court. Article 254(3) of the Criminal Procedure Act provides that the indictment shall contain specific matters such as the name of the defendant and other matters by which the defendant can be identified, the name of the crime, the facts charged, and the applicable provisions of Acts, etc. As such, it is necessary for the Criminal Procedure Act to adopt the aforementioned written principle and strict formalities with regard to the institution of a public prosecution to ensure the right of defense of the defendant, since the trial of the court is initiated by the institution of the public prosecution, it is to clarify the subject of the

Therefore, the submission of indictment by a public prosecutor shall be deemed as an essential element for the establishment of procedural acts such as institution of public prosecution. Therefore, in the absence of such submission of indictment, the institution of public prosecution as a procedural act cannot be said to have been established.

(See Supreme Court Decision 2003Do2735 Decided November 14, 2003). According to the records, the head of the Incheon Western District Police Station requested a summary judgment against the defendant to the Incheon District Court on March 9, 2016 on the ground that the defendant violated Article 5 of the Road Traffic Act by driving his/her motor vehicle in violation of the signal, such as the fact of the request for summary judgment, and the Incheon District Court recognized that the above case is inappropriate to be tried under the summary judgment proceedings, and thus, the procedure law on the summary judgment is applicable.