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(영문) 전주지방법원 군산지원 2012.12.27 2012고단3132
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Violation of restrictions on the temporary operation of cargo drivers belonging to the summary order subject to review and the summary of the facts charged by the summary order subject to review of the summary order subject to review of the case number (military court support of the Jeonju District Court) at the location of cargo drivers belonging to the summary of the facts charged, 1201 second order 3132 second order 12 second order 3132 second order, July 24, 1996, AB B B B B 96 January 20:306, 1996;

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005; the summary order against the defendant was finalized accordingly.

After all, the Constitutional Court rendered a decision on the constitutionality of the above provision of the law (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged) on October 28, 2010). Accordingly, the above provision of the law was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

3. If so, the facts charged in this case constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act. It is so decided as per Disposition.

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