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(영문) 대구지방법원 경주지원 2014.01.16 2013고단334

도로법위반

Text

The defendant is innocent.

Reasons

The summary of the facts charged in this case is that, around November 25, 1993, at around 5:16, an employee A, with respect to the Defendant’s duties, he violated the restriction on the operation of the vehicle by the road management authority by carrying the freight exceeding the total weight and the load of B vehicle at the street in front of the Gyeong Highway entertainment business establishment.

Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995), which is a applicable provision to the above charged facts, was retroactively invalidated according to the Constitutional Court's decision of unconstitutionality as of December 29, 201.

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.