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(영문) 의정부지방법원 2014.02.07 2013고단3954

도로법위반

Text

The defendant is innocent.

Reasons

1. A violation of vehicle operation restriction around September 19, 2005 by C, an employee of the defendant, of the specific facts charged [2013 Go-Ma3954- Supreme Court Decision 2005 Go-Ga25958 Decided September 7, 2005] A around September 19, 2005, which is the defendant's employee [2013 Go-Ma3955- High Court Decision 2005 Go-Ga4304 Decided November 18, 2004, which is the defendant's employee

2. The provision of the former Road Act, which applied to the above facts charged, was retroactively invalidated by the Constitutional Court that rendered a decision of unconstitutionality.

Therefore, since the above facts charged constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.