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(영문) 대구지방법원 경주지원 2014.04.17 2013고단588
도로법위반
Text

The defendant is innocent.

Reasons

The summary of the facts charged in this case is as follows: A employee of the defendant violated the restriction on vehicle operation of the road management authority in operating B vehicles on the road front of the port of Seopo Airport at the Korea Highway Corporation, which is the 58.1km branch located in Daegu Port Highway 703, the main body of the machinery inside the north-gu at port on February 20, 2006, when he operated B vehicles on the road in front of the port of Seopo Airport.

Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008), which is a applicable provision to the above facts charged, was retroactively invalidated according to the Constitutional Court Decision 2008HunGa17 Decided July 30, 2009.

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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