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

The instant case is in trial proceedings.

Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005) which was determined as unconstitutional by the Constitutional Court’s decision on Oct. 28, 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged) of the summary order subject to review was based on Article 86 of the Constitutional Court Act (amended by Act No. 7832 of Dec. 30, 2005). Thus, there are grounds for retrial under the proviso to Article 47(2) and (3)

Therefore, since the request for retrial of this case is well-grounded, it shall commence a retrial on the part of the person who requested 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 tried in accordance with Article 450 of the Criminal Procedure

March 22, 2013