beta
(영문) 광주지방법원 2013.10.11 2013고단4312

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court 2013 Inventory 831) is that the Defendant, a cargo transport company, was in violation of the restriction on operation of the vehicle by carrying more than 12 tons of the freight on the 4 livestock, and operating the A cargo vehicle in excess of 10 tons of the restricted 17 tons at the front of the inspection station of the restriction on operation in the front of the National Road No. 17 of 17 of May 29, 201.

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.