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(영문) 광주지방법원 2013.06.14 2013고단1549

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court 2013 Inventory 105) is that the Defendant, a cargo transport company, was in violation of the restriction on the operation of vehicles by carrying more than 11.47 tons of freight on the third axis and operating a A freight vehicle than 1.89 tons of the limited axis at the front of the water gold business office of the Korea Highway Corporation around February 15, 2005, at around 01:54, more than 10 tons of the limited axis.

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, has lost its effect by decision of unconstitutionality of Act No. 2010, Oct. 28, 2010.

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.