The Supreme Court has determined that if the police mistakenly apply the law and impose a fine, they cannot cancel it and prosecute again.
On the 28th, the Supreme Court's second division (Chief Justice Park Young-jae) confirmed the second trial ruling that acquitted individual A, who was accused of violating the Road Traffic Act on the 1st. Acquittal effectively means that the case is concluded without a judicial decision, akin to not being prosecuted.
Individual A is charged with refusing to undergo a breath test when the police arrived following a report of drunk driving involving an electric scooter at a restaurant in Osan, Gyeonggi Province, in June 2023. The police imposed a fine of 100,000 won on individual A, who paid the fine.
However, a month later, the officer in charge realized that the electric scooter driven by individual A is subject to a fine or imprisonment if a breath test is refused under the Road Traffic Act. Consequently, the police referred individual A to the prosecution again for violating the Road Traffic Act. The prosecution charged individual A.
The first trial court acquitted individual A. The court noted, "A person who has received a notification of a fine and paid it shall not be punished again for the same offense unless there are special circumstances, thus the payment of the fine under the notification has the effect of a final judgment." The court also stated, "Even if there has been an error or misapplication of the law by the officer in charge, the procedural rights of the defendant must be protected."
The second trial court and the Supreme Court maintained the same judgment.