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(영문) 서울남부지방법원 2017.05.19 2017고단1462

도로법위반

Text

The defendant shall be innocent.

Reasons

The gist of the public prosecution in this case is that A, an employee of the Defendant (user), loaded cargo exceeding the limit on the operation of the vehicle of the road management agency by operating the cargo vehicle in excess of the limit on the Defendant’s business in front of the office of the head office of the Suwon branch of the Construction Project at a point of 45.5 kilometers in Seoul, the starting point of the 10:20 on March 10, 1997, at a point of 45.5 kilometers in Seoul.

However, the Article applicable to the facts charged of this case loses its effect retroactively according to the Constitutional Court Order 2010Hun-Ga14 Decided October 28, 2010.

Thus, the facts charged of 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.