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(영문) 대구지방법원 경주지원 2013.10.17 2013고단207

도로법위반

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The defendant is innocent.

Reasons

The summary of the facts charged of this case is as follows: A employee of the defendant loaded and operated the freight to exceed the limit of B vehicles on the road in front of the traffic patrol site in front of the police station located in the Riuri-ri, on December 17, 1994, at around 00:05, in relation to the defendant's business, and thus, A violated the restriction on vehicle operation by the road management authority.

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.