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(영문) 수원지방법원 2013.07.24 2013고단2506

도로법위반

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On March 21, 2003, around 11:49, the Defendant’s employees C violated the Defendant’s vehicle operation restriction by loading freight of 44.19t exceeding 40 tons of total weight on the D truck belonging to the Defendant, and operating the said vehicle at the Incheon Metropolitan Gyeyang-gu Incheon Metropolitan City Office located at a point 16.5km branch office of the 16.5km branch office of the Gyeong Highway, which is located at the end of the Yongsan-gu Incheon Metropolitan City.

2. Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 7832 of December 30, 2005), which is the applicable provisions of the facts charged in the instant case, was declared unconstitutional by the Constitutional Court on October 28, 2010, and accordingly, the said provision of the Act retroactively lost its effect.

3. As the facts charged in the instant case constitute a case that does not constitute a crime, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and a summary of the judgment of the Defendant is publicly announced pursuant to Article 58