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(영문) 창원지방법원 진주지원 2014.02.19 2014고단64

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is as follows: around 10:05 on July 30, 1994, the defendant operated a vehicle in excess of the restricted weight and total weight on the road in front of the temporary inspection of the 14 line of the national highway located in Changwon-gun, Changwon-gun, Changwon-gun, which was located in the National Highway 14 line, and thus violated the restriction on the operation of the vehicle by the road management authority." Thus, the prosecutor prosecuted the above facts charged by applying the joint penal provisions under Article 86 of the former Road Act, and the defendant was notified of a fine of KRW 30,000 through the summary order subject to review. However, the Constitutional Court decided that Article 86 of the above Act violated the Constitution against the principle of responsibility after the summary order became final and conclusive, the above legal provision, which is the applicable provisions of the facts charged, becomes retroactively null and void.

Therefore, since the facts charged in this case 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.