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(영문) 창원지방법원 진주지원 2016.03.31 2016고단128

도로교통법위반

Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. On April 25, 2008, around 11:30 on the charge, A, a user of the defendant, driven B vehicles on the part of the national highways in front of the same Eup/Myeon village in the same Eup/Myeon site without the driver's license of the vehicle, at the Han River located in the Si/Gu of Gyeongnam-gun, Gyeongnam-gun, Busan-do, and without the driver's license of the vehicle. The defendant, a user, committed such a violation as above with respect to the defendant's business.

2. Determination: (a) Articles 159 and 152 Subparag. 1 of the former Road Traffic Act (wholly amended by Act No. 7545, May 31, 2005; and partially amended by Act No. 10382, Jul. 23, 2010), which apply to the facts charged of this case, became retroactively null and void pursuant to the Constitutional Court’s decision of unconstitutionality (see Constitutional Court Decision 2009Hun-Ga14, Jul. 29, 2010; 18, 2010Hun-Ga16, 16, 2010Hun-Ga 19, 2010; 35, 2009Hun-Ga35, 2010Hun-Ga4, 5, 34 (Joint)).

Thus, since the facts charged in this case constitute a case that does not constitute a crime, the court rendered a judgment of innocence pursuant to the former part of Article 325 of the Criminal Procedure Act and publicly announced the summary of the judgment of innocence pursuant to Article 440 of the Criminal Procedure Act.