A retrial shall commence with respect to the part of the requester for retrial among the summary orders subject to retrial.

This case shall be referred to the trial proceedings.

Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); thus, Article 47(3) of the Constitutional Court Act and the proviso to Article 47(2) of the Constitutional Court Act are recognized as grounds for retrial.

Therefore, since the request for retrial of this case is well-grounded, it shall commence a retrial on the part of the person who filed the request for retrial among the summary order subject to retrial pursuant to Article 435(1) of the Criminal Procedure Act, but since this case is not a summary order, it shall be decided in accordance with Article 450 of the Criminal Procedure Act.

December 28, 2012