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(영문) 수원지방법원 2013.07.24 2013고단2490

도로법위반

Text

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

Reasons

1. On September 18, 2003, around 38, 2003, the Defendant’s employees C violated the Defendant’s vehicle operation restriction by carrying the freight of 10.4t, 12.5t, 12.5t, 13.9t, and 13.9t of freight exceeding 10t of the gross weight of 40t on the freight truck belonging to the Defendant, exceeding 51.95t, exceeding 50t of the gross weight of 40t on the part of the Defendant’s employees, in relation to the Defendant’s duties.

2. Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 7832 of December 30, 2005), which is the applicable provisions of the facts charged in the instant case, was declared unconstitutional by the Constitutional Court on October 28, 2010, and 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