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(영문) 광주지방법원 2013.12.13 2013고단5728

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court 2013 Inventory 938) is that the Defendant, a cargo transport company, at around 21:58 September 4, 1996, committed a violation of the restriction on the operation of vehicles by carrying more than 11.9 tons of freight on the 2 axis and operating a A truck in excess of 10 tons of the restricted axis at the front of a valley 5.3km point in the new direction of a mountain-line 50km.

Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged, has lost its effect by a ruling of unconstitutionality of Act No. 2010, Oct. 28, 2010.

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.