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(영문) 창원지방법원 진주지원 2014.02.19 2014고단76

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is as follows: around 09:39 on June 27, 1994, the Defendant operated a vehicle in excess of a limited weight on the road in front of the Busan Kim Jong-do Office of Expressway and violated the restriction on the operation of the vehicle by the road management authority." Accordingly, the prosecutor prosecuted the above facts charged by applying the joint penal provisions prescribed in Article 86 of the former Road Act. As to this, the Defendant was notified of a fine of KRW 300,00 through the summary order subject to review and confirmed, but the Constitutional Court decided that Article 86 of the above Act violated the Constitution against the principle of responsibility. As such, the above legal provision, the applicable provisions of the facts charged, became retroactively null and void.

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.