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(영문) 대구지방법원 경주지원 2013.04.17 2013고단172

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is that, around July 15, 2004, at around 02:51 on July 15, 2004, B, an employee of the Defendant, violated the restrictions on vehicle operation by the road management authority in operating C vehicles on the front roads of the branch office of the Young-cheon Highway Korea Highway Corporation 96.9km.

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, has lost its effect due to the decision of unconstitutionality as of Oct. 28, 2010 2010Hun-Ga14, 15 (Joint), 21 (Joint), 27 (Joint), 35 (Joint), 38 (Joint), 44 (Joint), and 70 (Joint), which is the applicable provisions of the above facts charged.

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.

The Institute of Jind Co., Ltd.