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(영문) 광주지방법원 2013.04.12 2013고단956

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court Decision 2012 Inventory 18) is that the Defendant, as a trucking company, was in violation of the standards for restrictions on operation of vehicles by carrying more than 12.8 tons of freight on the 2 axis, in excess of 10 tons of the limited axis, on April 19, 194, on the 196:43, 06:43, 1994, the national highways 18 located in Yinnam-gun, Jindo-gun, Jindo-gun, Yinnam-gun, the National Highway 18, and (2) on July 6, 1994, at around 11:45, 1994.

Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995), which is the applicable provisions of the facts charged, has lost its effect by a ruling of unconstitutionality of Act No. 2011Hun-Ga24 of Dec. 29, 201.

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.