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(영문) 대구지방법원 경주지원 2013.11.28 2013고단283
도로법위반
Text

The defendant is innocent.

Reasons

The summary of the facts charged of this case is as follows: around 9:40 on July 10, 1993, and July 15, 1993: (a) around 193:23:11 on July 15, 1993, an employee A of the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating freight to exceed the limitation on the reduction of the limit on B vehicles and the gross weight on the roads front of each racing business

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.

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