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(영문) 의정부지방법원 2013.08.28 2013고단1233

도로법위반

Text

The defendant is innocent.

Reasons

1. A violation of the vehicle operation restriction around 08:20 on July 27, 2003 by B, an employee of the Defendant, [2013 Godan1233] A, a violation of the vehicle operation restriction around 14:27 on May 16, 2005 by C, an employee of the Defendant, and around 09:35 on June 15, 2005, a violation of the vehicle operation restriction around 14:27 on May 16, 2005 by C, an employee of the Defendant, [2013 Godan1342] A on February 10, 203, an employee of the Defendant: (a) a violation of the vehicle operation restriction around 06:16 on February 16, 2003 by D, an employee of the Defendant;

2. The provision of the former Road Act, which applied to the above facts charged, was retroactively invalidated by the Constitutional Court that rendered a decision of unconstitutionality.

Therefore, since the above facts charged 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.