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For an unjust summary indictment, how do I apply for a request for a formal trial?

I committed drunk driving and have received a summary indictment. My alcohol level was not that high, and I did not cause any particular accident, so I was not worrying much, but a fine was imposed by summary order. I heard that a fine also leaves a criminal record. In this case, do I have to endure it, or is there another way?

summary indictment

summary order

request for a formal trial

Answer

Published: 2023-03-06

Author : DongIl PARK

A summary indictment is a request by which, when a case warrants a fine rather than imprisonment or imprisonment without labor, the prosecutor requests a summary order from the court, and it is a case in which a property based punishment is imposed without any separate trial procedure.

It has the advantage of allowing a case to be concluded without appearing in court.

However, although a case can be concluded with a relatively light disposition, if you believe that a guilty disposition was unjustly imposed, you must go through an objection procedure within 7 days from the day on which the summary order is served.

If you file a request for a formal trial, the court notifies the prosecutor of the grounds.

If the defendant's matter is considered to be one worth requesting a formal trial for, you must go through the trial procedure.

Under Article 457-2 (Prohibition of Increasing the Type of Punishment, etc.) of the Criminal Procedure Act, for a case in which the defendant has requested a formal trial, a heavier type of punishment than that of the summary order cannot be pronounced.

Therefore, if a fine was imposed under the summary order, it means that the fine may come out in a higher amount.

Rather than filing a request for a formal trial with the thought that there is nothing to lose, please weigh the practical benefit of objecting to the summary indictment through a consultation with an attorney specializing in criminal cases.