Summary of 'Drunk Driving' Summary Order Objection Test, Withdrawal of Formal Trial Request... Fine of 6 Million Won Confirmed

Police conducting a sobriety checkpoint. (Not directly related to the article content) [Image source=Yonhap News]

[Asia Economy Reporter Choi Seok-jin] A prosecutor who received a summary order with a fine of 6 million won on charges of drunk driving and filed for a formal trial withdrew the request for a formal trial, confirming the fine.

According to the legal community on the 23rd, Prosecutor A from the Seoul Southern District Prosecutors' Office, who is on trial for violating the Road Traffic Act (drunk driving) under the jurisdiction of the Criminal Division 4 of the Seoul Eastern District Court (Presiding Judge Lee Kwang-young), withdrew the request for a formal trial on the 18th. Accordingly, the summary order with a fine of 6 million won issued earlier this year was confirmed.

Earlier, the Seoul Eastern District Prosecutors' Office filed a summary indictment against Prosecutor A in January with a fine of 6 million won. A summary indictment is a procedure in which the prosecution requests the court for a summary order such as a fine, penalty, or confiscation for relatively minor offenses.

However, Prosecutor A objected to the court's summary order and filed for a formal trial at the end of February, and one hearing was held.

Article 453, Paragraph 1 of the Criminal Procedure Act stipulates that the defendant may request a formal trial within 7 days from the date of notification of the summary order. Article 454 of the same law states that "a request for a formal trial may be withdrawn before the first trial judgment is pronounced."

If the defendant who requested a formal trial withdraws the request, the previous summary order is confirmed as is.

The prosecution is currently conducting an inspection and disciplinary procedure against Prosecutor A.