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(영문) 대구지방법원 경주지원 2015.03.26 2015고단38

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is that the defendant's employee violated the restriction on the operation of the vehicle on the road of the road management authority prior to the examination of the crackdown on the operation-restricted vehicle in front of the Gangseo-gu, Gangwon-do, on November 27, 2002 in relation to the defendant's business.

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 for the above charges, was retroactively invalidated according to the Constitutional Court's decision of unconstitutionality on 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.