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(영문) 대구지방법원 경주지원 2013.06.04 2012고단1341
도로법위반
Text

The defendant is innocent.

Reasons

The summary of the facts charged in the instant case is that the Defendant’s employees C violated the restriction on the operation of vehicles by loading and operating the freight to exceed the limit on D vehicles at the front of the road adjacent to the expressway on December 25, 1993, around 4:57 on December 25, 1993 in relation to the Defendant’s business.

However, 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 the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.

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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