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(영문) 수원지방법원 2012.12.26 2012고단5863

도로법위반

Text

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

Reasons

1. Around 18:33 on April 18, 2005, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating the freight in excess of the minimum weight of B freight vehicles with respect to the Defendant’s duties at the Cheongdo-si Seoul Metropolitan Highway Branch of the Korea Highway Corporation 8-18 Seoul Metropolitan Area, Cheongdo-dong, Cheongdo-dong.

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 the applicable provisions of the facts charged in the instant case, was declared unconstitutional by the Constitutional Court on Oct. 28, 2010, and 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)