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(영문) 울산지방법원 2014.03.27 2013고단3697
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged of this case is that "the employee of the defendant operated the Korea Highway Corporation more cargo loaded on the front of the Southern Industrial Complex on January 10, 2002 with respect to the defendant's business."

However, since the validity of Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 7832 of December 30, 2005) which is the applicable provisions of the facts charged in the above charges is retroactively lost pursuant to the Constitutional Court Order 2010Hun-Ga38 of December 28, 2010 and the proviso of Article 47(2) of the Constitutional Court Act, it constitutes a case where a crime is not committed, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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