beta
(영문) 대구지방법원 경주지원 2013.09.12 2013고단83

도로법위반

Text

The defendant is innocent.

Reasons

The summary of the facts charged in the instant case is that the Defendant’s employees, around July 27, 1994, loaded the goods to exceed the limit of the C vehicle operation by the road management authority by driving the goods exceeding the limit of the C vehicle on the front side of the examination site of the vehicle control in Seodaemunyang-gu around July 27, 1994.

However, 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 the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 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.