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(영문) 울산지방법원 2016.10.25 2016고단2873
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On November 6, 2006, the summary of the facts charged by the Defendant violated the restriction on vehicle operation by a road management authority by operating the said vehicle on November 6, 2006, with respect to the Defendant’s business.

2. The facts charged in this case fall under Article 86 and Article 83 (1) 2 of the former Road Act, and the Constitutional Court, in case where an employee, etc. of a juristic person commits an offense under Article 83 (1) 2 of the same Act, Article 86 of the same Act, the above part is judged as unconstitutional, and thus, the above part is retroactively invalidated under Article 47 (3) of the Constitutional Court Act.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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