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(영문) 창원지방법원 진주지원 2014.02.19 2014고단75
도로법위반
Text

The defendant shall be innocent.

Reasons

On August 12, 1994, the summary of the facts charged in this case is that the defendant operated a vehicle in excess of a limited stable weight on the road before the Korea Highway Corporation index business office and violated the restriction on the operation of the vehicle by the road management authority. The prosecutor prosecuted the above facts charged by applying the joint penal provisions prescribed in Article 86 of the former Road Act. As to this, the defendant was notified of a fine of 20,000 won through the summary order subject to review and confirmed, but the Constitutional Court decided that Article 86 of the above Act, which is the applicable provisions of the above facts charged, violates the Constitution against the principle of responsibility, the above provision of the law, which is the applicable provisions of the above facts charged, was retroactively invalidated.

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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