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(영문) 수원지방법원 안산지원 2013.08.13 2013고단1447

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On June 11, 2002, around 09:44, the Defendant violated the vehicle operation restrictions (limited weight of 10t) of the road management authority by loading the freight of 11.71t at the third axis of B in relation to his/her duties, at the Northwest 26.6km in the central highway.

2. Article 86 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 is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.

Thus, the above facts charged 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.