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(영문) 의정부지방법원 2013.10.11 2013고단2855

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Around November 14:33, 2005, the Defendant violated the restriction on vehicle operation of the road management authority by loading and operating freight exceeding 11.07 tons of D 16 tons of truck owned by the Defendant in relation to the Defendant’s business at a non-fwinging place at a point of 312.8 km from the point of abandonment of wood on the coastn Highway Seoul direction.

2. The provision of the former Road Act, which was applied to the above facts charged, was retroactively invalidated by the Constitutional Court that declared that the provision was unconstitutional.

Therefore, since the above facts charged 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.