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(영문) 대구지방법원 경주지원 2015.10.13 2015고단614
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is that the employee of the defendant violated the restriction on the operation of the vehicle of the road management authority on the road front of the inspection site of the personal driving vehicle in front of the inspection site of the personal driving vehicle located in the Indones-ri, Indones-ri on May 3, 1995.

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 the applicable provisions for the above charges, was retroactively invalidated according 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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