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(영문) 대구지방법원 경주지원 2013.08.12 2013고단389

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is that C, an employee of the defendant, was in violation of the road management authority's restriction on the operation of D vehicles at a point 317 km in front of the Daegu District Office's border area 95-1 on August 24, 1995, where C, located in the Gyeong-dong 955-1 of the Jindo-dong Gyeong-dong, Sinsan-si, Sinsan-dong, in relation to the defendant's duties.

Article 86 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, has lost its effect due to the decision of unconstitutionality as of Oct. 28, 2010 2010Hun-Ga14, 15 (Joint), 21 (Joint), 27 (Joint), 35 (Joint), 38 (Joint), 44 (Joint), and 70 (Joint), which is the applicable provisions of the above facts charged.

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.

The Institute of Jind Co., Ltd.