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(영문) 광주지방법원 목포지원 2015.04.20 2015고단343

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On April 11, 2003, at around 13:39, an employee of the Defendant’s employee violated the restriction on vehicle operation by operating B freight cars belonging to the Defendant in excess of the gross weight at a wooden business place in the direction of Seoul Coastal Highway.

2. The part concerning a violation under Article 83(1)2 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 applies to a summary order subject to review, has lost its effect retroactively with the decision of unconstitutionality rendered on Oct. 28, 2010 by the Constitutional Court, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.