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(영문) 대구지방법원 경주지원 2015.03.26 2015고단28
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is that the defendant's employee violated the restriction on vehicle operation by the road management authority on the road in front of the Ulsan Metropolitan Office, located in Ulsan Metropolitan City on November 13, 1995 with respect to the defendant's business.

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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