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(영문) 수원지방법원 안산지원 2014.03.11 2014고단63

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around 02:01 on September 2, 2003, the Defendant violated the vehicle operation restriction (limited weight 10t) by loading the freight of 11.1t on the third axis of the B 11t truck with respect to the Defendant’s work at the Gangseo-gu branch of Gangseo-dong Line 26.5 km from the Gangseo-dong Line 26.5 km, and its employees violated the vehicle operation restriction (limited weight 10t).

2. 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 a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.

Thus, the above facts charged 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.