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(영문) 광주지방법원 목포지원 2015.11.19 2015고단1392

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On May 8, 1995, at around 12:42 on May 8, 1995, the Defendant’s employees violated the restriction on vehicle operation by driving the B truck to which the Defendant belongs in excess of the weight at the Busan High Prosecutors’ Office.

2. The part concerning a violation under Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which applies to a summary order subject to review, has lost its effect retroactively with the decision of unconstitutionality rendered on October 28, 2010 by the Constitutional Court, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.