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(영문) 전주지방법원 2013.04.04 2013고단327

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is that at around 14:30 on March 18, 200, the Defendant, who is an employee, loaded and operated freight of 15 tons at the second axis of B car trucks with respect to his duties in the 825 line of local highway Dogsan-ri, Hasan-si, Hasan-gun, Hasan-gun, Hasan-do,

2. Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995, and amended by Act No. 7832, Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the facts charged in the instant case was invalidated retroactively due to the Constitutional Court’s decision of unconstitutionality, such as Supreme Court Decision 2010Hun-Ga38, 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.