beta
(영문) 의정부지방법원 2013.08.29 2013고단1718

도로법위반

Text

The defendant is innocent.

Reasons

1. As to the facts charged, each of the following employees committed the following offenses. A.

B around 17:22 on April 2, 2003, at the Jincheon Branch of the Jincheon Branch of the Central Expressway 281.7 kilometers, the C vehicle belonging to the Defendant was measured more than 44.1 tons of gross weight exceeding 40 tons and violated the restrictions on the operation of the road management authority.

B. Around 19:40 on October 16, 1994, D operated a steel plate on E vehicle at the access road to the Gyeongdon Highway, 11.1 ton on the 1st axis, 10 ton on the 2nd axis, and operated more than 1.1 ton on the 1st ton on the 1st boat. Around 21:18 on November 16, 1994 on the 21:16.2 ton on the 2ndn of Yancheon-gu, Yancheon-gu, Yancheon-do, Yan-do, Yan-do, D operated the factory machinery on the 1st ton on the 1st ton of the 1st boat, 3rd ton, 6.6 ton, 4.6 ton on the 25.4 ton of the total weight of 25.4 ton on

2. The provision of the former Road Act, which applied to each of the above facts charged, was retroactively invalidated by the Constitutional Court that rendered a decision of unconstitutionality.

Therefore, since each of the above facts charged constitutes a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.