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(영문) 대구지방법원 김천지원 2017.02.16 2017고단131

도로법위반

Text

The defendant shall be innocent.

Reasons

1. A, who is an employee of the Defendant, operated B8.5 tons of truck at the lower limit of 12.3 tons in front of a place of business in the coastwise Highway, which is a point of 53.7km on September 14, 1999, at around 01:12, 200 tons of truck at around 12.3 tons in front of a place of business in which the coastwise Highway was located at a point of 44.7km.

2. The former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is applicable to the facts charged of this case, is subject to a fine under Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005).

“The part” retroactively lost its effect in accordance with the Constitutional Court’s decision on the constitutionality of a statute of limitations (Supreme Court Order 2010Hun-Ga38 Decided October 28, 2010).

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.