beta
(영문) 전주지방법원 2013.04.04 2013고단261

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Violation of the restriction on the temporary operation of cargo drivers belonging to the summary order (the Jeonju District Court) subject to the summary order subject to the review of the facts charged of each of the facts charged of the instant case: (a) a violation of the restriction on the temporary operation of the cargo drivers' stations belonging to the summary order of the charges of the instant case; (b) a violation of the restriction on the operation of the cargo drivers' stations; (c) 04:07 on March 6, 2008; and (d) 04:07 on October 27, 2007; and (d) 19:00 on October 27, 2007; and (d) a violation of the restriction

2. Of the applicable provisions of each of the facts charged in this case, Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008), which is a joint penal provision, was invalidated retroactively due to the Constitutional Court’s decision of unconstitutionality on July 30, 2009.

Thus, since each of the facts charged in this case constitutes a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.