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(영문) 대구지방법원 경주지원 2013.10.17 2013고단179
도로법위반
Text

The defendant is innocent.

Reasons

The summary of the facts charged of this case is as follows: A employee of the defendant loaded freight in front of the National Highway No. 7 National Highway at around April 19, 1994 at around 16:57 on April 19, 1994 to ensure that the restriction on the operation of the vehicle by the road management authority is reduced and the total weight is exceeded, and thus, A violated the restriction on the operation of the vehicle.

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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