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(영문) 서울동부지방법원 2017.07.07 2017고단769

도로법위반

Text

The defendant shall be innocent.

Reasons

1. A, an employee of the Defendant, at around 06:12 on April 19, 1996, was in violation of the restriction on the operation of the road management authority by loading and operating the 11.4 tons of the 4 tons of the restricted livestock at the point of 20.4km on the 20.4km along the highway at the 20.4km.

2. The prosecutor instituted a public prosecution by applying Article 86 of the former Road Act to the facts charged in the instant case. Since both punishment provisions, which are applicable legal provisions, have become retroactively null and void according to the Constitutional Court’s decision of unconstitutionality (see, e.g., Supreme Court Order 2013Hun-Ga25). The facts charged in the instant case do not constitute

Therefore, not guilty is pronounced in accordance with the former part of Article 325 of the Criminal Procedure Act.