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(영문) 창원지방법원 진주지원 2013.08.28 2013고단744
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is as follows: at around 00:50 on March 13, 1994, the Defendant operated a vehicle in excess of a limited livestock weight on the national highways No. 2 located in the Yeyang-gun, Jinyang-gun, Jinyang-gun, and operated a vehicle in excess of a limited livestock weight on the roads located in the city road, and at around 08:15 on the same day, the Defendant violated the restriction on the vehicle operation of the road management authority." Thus, the prosecutor prosecuted the above facts charged by applying the joint penal provisions prescribed in Article 86 of the former Road Act to the above facts charged, and the defendant was notified of a fine of KRW 50,000 through the summary order subject to review, but the Constitutional Court decided that Article 86 of the above Act is in violation of the Constitution against the principle of responsibility after the summary order became final and conclusive. Accordingly, the above facts charged, which is the applicable provisions of the Act, becomes retroactively null and void.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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