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(영문) 대구지방법원 경주지원 2014.06.19 2014고단223
도로법위반
Text

The defendant is innocent.

Reasons

The summary of the facts charged in this case is that an employee A of the defendant violated the restrictions on the operation of vehicles by road management authorities in operating B vehicles on the road in front of the Ulsan Highway Corporation's business office on October 31, 2003 with respect to the defendant's business.

However, 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 a applicable provision to the above facts charged retroactively loses its effect due to the Constitutional Court’s decision of unconstitutionality on Oct. 28, 2010.

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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