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(영문) 대구지방법원 경주지원 2013.11.28 2013고단271

도로법위반

Text

The defendant is innocent.

Reasons

The summary of the facts charged in this case is that around April 7, 1994, around April 9, 1994, the employee A of the defendant violated the restriction on the operation of the vehicle by the road management authority by loading the freight to exceed the minimum weight and total weight of B on the road in front of the traffic patrol site of the Busan branch office.

However, Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) which is the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.

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.