(영문) 대구지방법원 2012.12.28 2012고단8427



The defendant shall be innocent.


The summary of the facts charged of this case is that "the employee of the defendant violated the restriction on vehicle operation on the front of the Daegu Korea Highway Corporation's business office on November 15, 2004 in connection with the defendant's business."

However, the effect of Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged, was retroactively lost pursuant to the Constitutional Court Order 2010Hun-Ga38 of Oct. 28, 2010 and the proviso of Article 47(2) of the Constitutional Court Act.

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.