beta
(영문) 서울중앙지방법원 2017.07.06 2017고단3838

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was on September 23, 1997, around 11:21, around 21, 1997, the Defendant loaded and operated the 11.1 ton of B vehicle B at a point of 13.2 km away from the upper parallel line of the road at the 2nd parallel of the highway, which is the 2nd parallel of the highway, in the case of the Defendant’s business.

2. We examine the judgment. The effect of Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 8976 of March 21, 2008) (amended by Act No. 8976 of March 28, 2010), which is the legal provision applicable to the facts charged of this case, was retroactively lost pursuant to the decision of the Constitutional Court 14, 15, 21, 27, 27, 35, 38, 44, 70 (merger) and the proviso of Article 47 (2) of the Constitutional Court Act, which constitutes a case where the facts charged are not a crime, and thus, the judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.