(영문) 전주지방법원 2013.05.30 2013고단1324



The defendant shall be innocent.


1. On January 29, 2001, at around 04:06, the summary of the facts charged in the instant case, the Defendant: (a) operated more than 11.1 ton of freight on the third axis of D freight vehicles owned by the Defendant by C, who is his employee, on the front side of the branch office and business office of the Korea Highway Corporation, 72.5 kilometers from the 72.5 kilometer branch office of the Korea Highway Corporation; and (b) operated more than 10 ton

2. Of the applicable provisions of the facts charged in this case, 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 a joint penal provision, was retroactively invalidated due to the Constitutional Court’s decision of unconstitutionality on October 28, 2010, Article 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (merged) of the same Act.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.