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(영문) 대구지방법원 경주지원 2013.06.12 2013고단350
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is that A, an employee of the defendant, violated the restriction on vehicle operation by the road management authority in the operation of B vehicles from the front line of the control of the safe lecture operation-restricted (fluoral) vehicle located in the Masan-ri of the Seocho-gu, Seocho-gu, Chungcheongnam-gu, Seoul on October 3, 2002 in relation to the defendant's business at around 20:52.

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 of the facts charged, has lost its effect due to the decision of unconstitutionality as of Oct. 28, 2010 2010Hun-Ga14, 15 (Joint), 21 (Joint), 27 (Joint), 35 (Joint), 38 (Joint), 44 (Joint), and 70 (Joint), which is the applicable provisions of the above facts charged.

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.

The Institute of Jind Co., Ltd.

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