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(영문) 창원지방법원 진주지원 2016.03.31 2016고단129
도로법위반
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. On April 10, 2007, A, a user of the defendant, operated the vehicle of the Road Management Agency by failing to follow mooring service on the 7th line of the National Highway of the Donyang-gun, which restricts the operation of the vehicle with a gross weight of 10 tons and gross weight of 40 tons, among the Northwest-gu of the Gangseoyangyang-gun, which is the main part of the facts charged. The defendant violated the restriction on the operation of the vehicle of the Road Management Agency by running the vehicle of the Road Management Agency by avoiding mooring service on the 7th line of the Donyang-gun, where the luminous inspection station is located, and the defendant committed

2. As to the facts charged of this case, Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 8124 of Dec. 28, 2006, and amended by Act No. 8976 of Mar. 21, 2008), which are applicable statutes to the facts charged of this case, retroactively lose its effect according to the Constitutional Court’s decision of unconstitutionality (Supreme Court Decision 2012Hun-Ga11 of Jul. 26, 2012).

Thus, since the facts charged in this case constitute a case that does not constitute a crime, the court rendered a judgment of innocence pursuant to the former part of Article 325 of the Criminal Procedure Act and publicly announced the summary of the judgment of innocence pursuant to Article 440 of the Criminal Procedure Act.

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