A drunk driving fine sentenced to the wrong person due to a prosecutor's mistake has been overturned after 14 years.
According to the legal community today (8th), the third division of the Supreme Court (Presiding Judge Lee Heung-gu) recently dismissed the prosecution by breaking the lower court, which issued a summary order of a fine of 700,000 won, by finding Mr. A guilty of violating the Road Traffic Act.
Previously, Mr. A received a fine of 700,000 won in November of the same year for being caught driving a vehicle in a drunken state with a blood alcohol level of 0.056% around 9:30 pm on October 13, 2008.
However, the actual drunk driving was another person with the same name as Mr. A.
At the time, while the prosecutor in charge was requesting a summary order, he accidentally used Mr. A's resident registration number and registration base (registered address), and Mr. A, who was completely unrelated, was charged with drunk driving and was sentenced to a fine.
This ruling was finalized as it was without any response from Mr. A.
On This, the prosecution filed an emergency appeal in August 2020.
An emergency appeal is an emergency relief procedure applied when a judgment is finalized and it is found that the trial result is inconsistent with the law.
When the Prosecutor General applies, the Supreme Court decision is finalized by a single trial.
The Supreme Court said, "In this case, it is appropriate to rule that the prosecution is dismissed as the procedure for filing the prosecution violates the legal regulations." .
It was confirmed that Mr. A, who did not respond to the prosecution's summary indictment and the court's summary order in the past, was not served with the Supreme Court's ruling dismissing the prosecution this time as 'closed door absence (the door is locked and no one is present)'.