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(영문) 창원지방법원 진주지원 2014.02.19 2014고단70
도로법위반
Text

The defendant shall be innocent.

Reasons

On April 7, 200, the summary of the facts charged in this case is as follows: (a) around 01:43 on April 7, 200, the Defendant operated a vehicle in excess of a minimum weight on the road in front of the Ulsan Expressway Highway Corporation; (b) violated the restriction on the operation of the vehicle by the road management authority; and (c) around 02:15 on the same day, the Defendant operated a vehicle in excess of a minimum weight on the road on the front of the Donyang Highway Corporation; and (d) violated the restriction on the operation of the vehicle by the road management authority." Accordingly, the prosecutor prosecuted the above facts charged by applying the joint penal provisions prescribed in Article 86 of the former Road Act, and was notified to the Defendant through the summary order subject to review, but after the above summary order became final and conclusive, the above Article 86 of the Act, which is a applicable provision 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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