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(영문) 수원지방법원 안산지원 2014.05.15 2014고단456

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On May 23, 2005, the Defendant violated the vehicle operation restriction (limited weight 10t) by carrying the Defendant’s 11.13t type of J freight vehicle on the 1st axis of the J freight vehicle and operating the said vehicle at a Gun unit located 10 km point in Young-dong Highway at 05:22 meters.

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.