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(영문) 서울동부지방법원 2014.10.16 2014고단2965

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that at around 13:25 on April 6, 2006, the Defendant, an employee of the Defendant, in relation to the Defendant’s work, the Defendant violated the restriction on vehicle operation of the road management authority by operating B freight vehicles in the 82 line of the national road at Pyeongtaek-si Poon Poon in excess of 10 tons of the restricted axis, 11.05 tons of the restricted axis, 12.65 tons of the 3 stable, 15.85 tons of the 4 stable, 15.85 tons of the 49.15 tons of the gross weight of the 49.15 tons.

2. The prosecutor charged the facts charged in this case by applying Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; Act No. 8681, Feb. 2008; Act No. 8664, Feb. 26, 2008; Act No. 8307, Feb. 29, 2009; Act No. 8307, Feb. 26, 2008; Act No. 9447, Feb. 22, 2009).

3. In conclusion, 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.