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(영문) 대구지방법원 경주지원 2014.04.17 2013고단647
도로법위반
Text

The defendant is innocent.

Reasons

The summary of the facts charged in this case is as follows: A employee of the defendant violated the restriction on vehicle operation by the road management authority in operating B vehicles on the front road in front of the Ulsan Highway Corporation at the 4 km point of Ulsan Metropolitan City, Ulsan Metropolitan City, Seoul Metropolitan City, on March 10, 2006, around 15:31, 2006 in relation to the defendant's service.

Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008), which is a applicable provision to the above facts charged, was retroactively invalidated according to the Constitutional Court Decision 2008HunGa17 Decided July 30, 2009.

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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