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(영문) 서울중앙지방법원 2018.11.07 2018고단4266
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On October 18, 1993, A, an employee of the defendant, driven the B 11st truck owned by the defendant around 06:00 on October 18, 1993, and operated the expressway racing business at the top of the parallel line 259.1km from the 3 11.4t of the above truck.

2. The Constitutional Court Decision 201Hun-Ga24 Decided December 29, 201, rendered that Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995; Act No. 8465, Feb. 1, 201; Act No. 49555, Jan. 1, 201; Act No. 4920, Jan. 1, 2095;

“Inasmuch as the part of the facts charged is unconstitutional, the part of the provision applicable to the facts charged was retroactively invalidated pursuant to the proviso of Article 47(2) of the former Constitutional Court Act (amended by Act No. 12597, May 20, 2014).

Therefore, the facts charged of this case constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.

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