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(영문) 대구지방법원 경주지원 2013.09.12 2013고단99

도로법위반

Text

The defendant is innocent.

Reasons

The summary of the facts charged in this case is that, around May 5, 1994, at around 22:18, an employee B violated the restriction on the operation of vehicles by the road management authority by loading freight exceeding the limit on the reduction of the C vehicle at the upper 359.5km of the Gyeong Highway Seoul, the 359.5km.

However, Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) which is the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.