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(영문) 수원지방법원 2012.12.26 2012고단5869

도로법위반

Text

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

Reasons

1. Around November 16, 1994, the summary of the facts charged in the instant case violated the restriction on vehicle operation by the road management authority by loading and operating the freight exceeding the minimum weight of B, on the front of the petition office, which is a 132 km point in Seoul Highway (132 km point in the Seoul Highway) of the Defendant’s employees, with respect to the Defendant’s business.

2. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) which is the applicable provisions of the facts charged in the instant case was declared as unconstitutional by the Constitutional Court Decision 201Hun-Ga24, Dec. 29, 201; accordingly, the said 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)