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(영문) 대전지방법원 2019.03.19 2019고단13

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On November 13, 2002, around 13:53, the Defendant violated the restriction on the operation of vehicles by the road management authority in relation to the company’s business by loading and operating the freight exceeding 10 tons of the limited axiss at the front of the Jincheon-gun Korea Highway Corporation located in Jincheon-gun, Jincheon-do, Jincheon-gun, Jincheon-do, and by operating the truck in excess of 10 tons of the limited axiss.

2. However, the penal provisions of the Road Act applied to the defendant among the applicable provisions of the facts charged in this case have lost its effect retroactively according to the Constitutional Court's decision of unconstitutionality.

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.