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(영문) 대구지방법원 경주지원 2014.05.22 2014고단7

도로법위반

Text

The defendant is innocent.

Reasons

The summary of the facts charged in this case is as follows: (a) around December 20, 1996, around December 20, 1996, the employee B violated the restriction on vehicle operation by the road management authority in operating C vehicles on the road in front of the coastline military business office.

However, Article 86 of 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 a applicable provision to the above facts charged retroactively loses its effect due to the Constitutional Court’s decision of unconstitutionality on 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.