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(영문) 광주지방법원 2016.05.13 2016고단1084
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On March 24, 1994, around 22:57 on March 24, 1994, the summary of the facts charged by the Defendant, who is the person under the charge, refused to follow the direction of the road manager at the inspection station of the control of the mountain, mountain, mountain, and red vehicles located in the rith.

2. The effect of 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 a legal provision applicable to the above facts charged, was retroactively invalidated by the Constitutional Court Order 2012Hun-Ga18 decided Oct. 25, 2012 and the proviso of Article 47(2) of the Constitutional Court Act.

Therefore, the above facts charged constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.

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