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(영문) 수원지방법원 2013.07.24 2013고단2508

도로법위반

Text

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

Reasons

1. As to the defendant's employee C of the summary of the facts charged,

(a)on December 14, 2002, at 20:53, the cargo of November 1t, 2001, which exceeds 10 tons of the limit of 4 axiss, at a high speed toll road of 312 king-Yangcheon-Yancheon-si, 260 local highway Doang-do, Doangcheon-si, the Defendant’s D truck;

B. On February 25, 2003, around 20:42, the Defendant’s vehicle operation restriction was violated by loading the freight of 44.4t exceeding the gross weight of 40 tons on the D truck belonging to the Defendant, and driving the said vehicle at the king-si, 260 local highway 312, Doang-Yancheon-do.

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