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(영문) 전주지방법원 2013.03.28 2012고단3623

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 review of the summary of the facts charged in the instant case: (a) a violation of the restriction on the operation of the temporary location of cargo drivers belonging to the summary order (the Jeonju District Court) on October 25, 2004 AB No. 15345 on October 24, 2005, 202:54 on October 25, 200

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.