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(영문) 서울남부지방법원 2016.01.21 2015고단5231

도로법위반

Text

The defendant shall be innocent.

Reasons

The gist of the facts charged in the instant case is that the Defendant is a corporation operating cargo transport business. Around July 29, 2005, when C, an employee of the Defendant, was driving D D D dump trucks in relation to the Defendant’s business, and driving them in the direction of a printing bridge at the location near the Kimpo Kimpo-ro, the outer circular-ro, Seoul, the outer circular-ro, and violated the provisions on restrictions on the operation of vehicles by loading and operating cargo exceeding 10.27 tons during the limited axiss.

Accordingly, the facts charged constitute a crime under Article 86, Article 83 (1) 2, or Article 54 (1) of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005); Article 86 of the former Road Act is a crime under Article 86, Article 83 (1) 2, or Article 54 (1) of the former Road Act; and Article 86 of the former Road Act (amended by Act No. 14, Oct. 28, 2010; 14,15, 21, 27, 27, 35, 38, 4, 470 (Joint) of the former Road Act). Accordingly, the above punishment provision retroactively loses its effect pursuant to Article 47 (2) of the former Constitutional Court Act (amended by Act No. 12597, May 20, 2014).

Therefore, since the facts charged in this case are not a crime, the defendant is found not guilty in accordance with the former part of Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.