beta
(영문) 수원지방법원 2012.12.26 2012고단5850

도로법위반

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around 19:05 on June 12, 2007, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating freight exceeding the limitation weight of D freight vehicles at the business site of the 16.2km Busan Highway, Daegu Expressway, Inc., Ltd. in relation to the Defendant’s business.

2. Article 86 of the former Road Act, which is the applicable provisions of the facts charged in this case, was declared to be unconstitutional by the Constitutional Court Order 2008HunGa17 dated July 30, 2009. Accordingly, the above provision of the Act retroactively lost its effect.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced under Article 58(2)