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(영문) 대구지방법원 2012.12.28 2012고단8438
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case is that “the employee of the Defendant violated the restriction on vehicle operation on the front of the Magdong-gun, Chungcheongnam-gun, Chungcheongnam-do on June 4, 1993 in relation to the Defendant’s business.”

However, the validity of Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); the Constitutional Court Order 201Hun-Ga24, Dec. 29, 201; and the proviso of Article 47(2) of the Constitutional Court Act, which are applicable provisions of the facts charged, was retroactively invalidated.

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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