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(영문) 전주지방법원 2013.03.28 2012고단3624

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Violation of the restriction on temporary operation of cargo drivers belonging to the summary order (the Jeonju District Court) subject to review of the summary of the facts charged of the instant case: (a) a violation of the restriction on temporary operation of the cargo drivers' places belonging to the summary order subject to review of the facts charged of the instant charges; (b) a violation of the restriction on temporary operation of the cargo drivers' places on October 24, 2002; and (c) a violation of the restriction on temporary operation of DD 17620 C. 1

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.