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(영문) 수원지방법원 2012.12.26 2012고단5855

도로법위반

Text

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

Reasons

1. On October 29, 1994, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating the freight in excess of the limitation on the vehicle B with respect to the Defendant’s business at a top-down line at a point of 1.5km of the Guro Expressway.

2. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) which is the applicable provisions of the facts charged in the instant case was declared as unconstitutional by the Constitutional Court Order No. 201Hun-Ga24, Dec. 29, 201; accordingly, the above provision of the Act retroactively lost its effect.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced under Article 58(2)