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(영문) 전주지방법원 2013.03.28 2012고단3615

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Violation of the restriction on the temporary operation of cargo drivers belonging to the summary order (the Jeonju District Court) subject to the summary order subject to the review of the facts charged of this case: Violation of the restriction on the operation of cargo drivers' stations belonging to the summary order of the charges of this case; the violation of the restriction on the operation of cargo drivers' temporary location on May 7, 1996 and approximately 2534 A 16:05. 15. 16:05. 05. 17:54, 1471-2, 1471-2, 199

2. Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995, and amended by Act No. 7832, Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the facts charged in the instant case was invalidated retroactively due to the Constitutional Court’s decision of unconstitutionality, such as Supreme Court Decision 2010Hun-Ga38, Oct. 28, 2010.

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.