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(영문) 서울중앙지방법원 2017.07.06 2017고단3835

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is around 19:04 on February 16, 1995, at around 19:04, the defendant, who is the person under indictment, loaded and operated a vehicle B with gross weight exceeding 40 tons and 46.3 tons on the road in front of the Busan Busan Corporation's business office located in the Geum-gu, Busan Metropolitan Government.

2. We examine the judgment. The effect of Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 8976 of March 21, 2008) (amended by Act No. 8976 of March 28, 2010), which is the legal provision applicable to the facts charged of this case, was retroactively lost pursuant to the decision of the Constitutional Court 14, 15, 21, 27, 27, 35, 38, 44, 70 (merger) and the proviso of Article 47 (2) of the Constitutional Court Act, which constitutes a case where the facts charged are not a crime, and thus, the judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.