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(영문) 광주지방법원 2013.04.12 2013고단946

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court Decision 2012 Inventory3507) is that the Defendant, as a trucking company, violated the restriction on operation of vehicles by loading more than 44.1 tons of freight exceeding 44.1 tons of total weight at the front of the back of the White Road located in the Korea Highway Corporation located in 576, in front of the White Road Corporation located in the north-gun of 576, Dec. 5, 200, when the Defendant was a trucking company’s employee as a trucking company.

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.