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(영문) 서울중앙지방법원 2012.12.26 2012고단6658

도로법위반

Text

The defendant shall be innocent.

Reasons

The facts charged of this case are as follows: A employee of the defendant violated the restriction on the operation of the vehicle by driving B freight cars exceeding the weight limit from May 14, 2005 to the Young-dong Highway 26.5km on May 14, 2005.

However, the effect of 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 the applicable provisions of the facts charged in the instant case, was retroactively lost by the Constitutional Court Order No. 2010Hun-Ga38 of Oct. 28, 2010, and thus, the facts charged in the instant case constitute a case that does not constitute a crime, and thus, the Defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.