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(영문) 수원지방법원 2013.06.12 2013고단1996

도로법위반

Text

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

Reasons

1. On May 30, 1994, around 20:21 on May 30, 1994, the Defendant’s employee A, with respect to the Defendant’s duties, violated the vehicle operation restriction by the road management authority by loading the freight of KRW 3, 4, and 12t exceeding 10 tons of the limited weight of KRW 3,4,00 on the Defendant’s B’s vehicle.

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 Decision 201Hun-Ga24, Dec. 29, 201; 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