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(영문) 서울중앙지방법원 2017.07.06 2017고단3836

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was on February 2, 2001, around 20:27, the Defendant, who is the subject of the charge, loaded and operated a vehicle B with the gross weight exceeding 40 tons and 4.1 tons on the road in front of the place of the construction project, located in Korea at a point of 5.1km from the starting point of the offline of the offline of the offline highway, Seoul, other than Seoul, at a point of 5.1km.

2. We examine the judgment. The effect of Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 8976 of March 21, 2008) (amended by Act No. 8976 of March 28, 2010), which is the legal provision applicable to the facts charged of this case, was retroactively lost pursuant to the decision of the Constitutional Court 14, 15, 21, 27, 27, 35, 38, 44, 70 (merger) and the proviso of Article 47 (2) of the Constitutional Court Act, which constitutes a case where the facts charged are not a crime, and thus, the judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.