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(영문) 창원지방법원 진주지원 2013.08.28 2013고단746

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is as follows: around 02:30 on December 9, 1993, the Defendant operated a vehicle in excess of the total weight on the road at a point of 420.1km in front of the business office located in the Southern Expressway, and violated the vehicle operation restriction by the road management authority. On February 3, 1994, at around 01:26, the 423.5km in Busan Metropolitan City's business office located in Busan Metropolitan City at a point of 423.5km in Busan Metropolitan City, and operated the vehicle and violated the vehicle operation restriction by the road management authority." Accordingly, the prosecutor prosecuted the above facts charged by applying the joint penal provisions as stipulated in Article 86 of the former Road Act, and it became final and conclusive through the summary order subject to review, but after the summary order became final and conclusive, the above Article 86 of the Act became retroactively null and void as it goes against the principle of responsibility under the Constitution.

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