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(영문) 대구지방법원 상주지원 2017.08.22 2017고단366
도로법위반
Text

The defendant shall be innocent.

Reasons

The facts charged of this case (the part of the defendant in the summary order, which was partially amended by Act No. 7832, Dec. 30, 2005; and was wholly amended by Act No. 8976, Mar. 21, 2008) Article 86 and Article 83 (1) 2 of the former Road Act (wholly amended by Act No. 8976, Jul. 30, 2009; 2008 Hun-Ga, Jul. 30, 2009; 2008 Hun-Ga, a juristic person’s agent, employee or other worker of the juristic person, committed an offense provided for in Article 83 (1) 3 in Article 86 of the above Act by the ruling of 17.

“The portion of the above facts charged is unconstitutional and thus the penal provision on the above facts charged becomes retroactively null and void. It is not guilty in accordance with the former part of Article 325 of the Criminal Procedure Act as it does not constitute a crime.

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