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(영문) 광주지방법원 2013.10.11 2013고단3662

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court Decision 2013 Inventory575) is that the Defendant, a cargo transport company, was in violation of the standards for restrictions on the operation of vehicles by loading freight of 12.3 tons and 12.7 tons on the 2 axis at the front of the main office of the Korea Highway Corporation at the point of 52:52 on March 10, 202, in excess of 10 tons of the limited axis at the front of the main office of the Korea Highway Corporation.

Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged, has lost its effect by a ruling 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.