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(영문) 대구지방법원 경주지원 2013.11.28 2013고단316
도로법위반
Text

The defendant is innocent.

Reasons

The summary of the facts charged in this case is that, around August 14, 1994, at around 14:00 of the defendant's employees, they violated the restrictions on the operation of vehicles by the road management authority by loading the cargo to exceed the limit on the reduction of B vehicles on the road in front of the door-to-Eup Ma, which is located in the principle of Seodaemun-do, and the traffic control office.

However, Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) which is the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.

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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