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(영문) 수원지방법원 2012.12.26 2012고단5912

도로법위반

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around April 27, 1995, the summary of the facts charged in the instant case violated the restriction on vehicle operation by the road management authority by the Defendant’s employees, on the front side of the main office 79 km in front of the main office at the 79 km road along the Honam Expressway, on April 27, 1995.

2. 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 the applicable provisions of the facts charged in the instant case, was declared unconstitutional by the Constitutional Court on Oct. 28, 2010, and accordingly, the said provision of the Act retroactively lost its effect.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced under Article 58(2)