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(영문) 전주지방법원 2012.12.27 2012고단2552
도로법위반
Text

Defendants shall be acquitted respectively.

Reasons

1. The facts charged of this case and the summary order are as shown in the annexed sheet.

2. Determination: (a) 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 a joint penal provision among the applicable provisions of each of the facts charged in the instant case is the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010 or the Constitutional Court Decision 201Hun-Ga20 of Dec. 29, 201; (b) Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005; and (c) Article 86 of the same Act (amended by Act No. 8976 of Mar. 21, 2008) which is a joint penal provision, has become retroactively null and void as the Constitutional Court Decision 97Hun-Ga17, Jul. 30, 2009.

Thus, each of the facts charged in this case constitutes 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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