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(영문) 수원지방법원 안산지원 2014.08.21 2014고단1913

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around 20:41 on February 21, 2003, the Defendant violated the vehicle operation restriction (limited weight 10t) by carrying the freight of 11.2t on the 5 axis of D freight vehicles in relation to the Defendant’s work at the Osan located in the direction of Seoul located in Busan located in Busan located in Busan located in Busan located in the 381.9km.9km in relation to the Defendant’s work.

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.