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(영문) 대구지방법원 경주지원 2013.06.04 2012고단1327

도로법위반

Text

The defendant is innocent.

Reasons

The summary of the facts charged in the instant case is that the Defendant’s employee C violated the restriction on the operation of the vehicle by loading the freight to exceed the total weight of the D vehicle on the road front of the red gymal fluent road located at the time of capture on October 16, 1993 at the time of port around 7:07, with respect to the Defendant’s business.

However, Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) which is the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.

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.