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(영문) 대구지방법원 경주지원 2013.06.04 2012고단1329
도로법위반
Text

The defendant is innocent.

Reasons

The summary of the facts charged in this case is that around August 18, 1993, around August 18, 1993: around 16, the employee C of the defendant's employee violated the restriction on the operation of the vehicle of the road management authority by loading the freight to exceed the limitation on the reduction of the restriction on D vehicle and the gross weight on the road in front of the racing business establishment.

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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