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(영문) 서울중앙지방법원 2012.12.26 2012고단6660

도로법위반

Text

The defendant shall be innocent.

Reasons

The facts charged of this case are that the employee C violated the restriction on vehicle operation by operating D freight cars exceeding the weight limit at the Dong-dong Branch of the Dong-dong Line of the defendant on August 30, 2005 at the defendant's office.

However, the effect of 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 in the instant case, was retroactively lost by the Constitutional Court Order No. 2010Hun-Ga38 of Oct. 28, 2010, and thus, the facts charged in the instant case constitute a case that does not constitute a crime, and thus, the Defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.