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(영문) 수원지방법원 안산지원 2013.05.21 2013고단720

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On May 6, 2005, the Defendant: (a) operated the Korea Highway Corporation in the direction of new location points 24.4km points in Young-dong Highway 24.4 km; (b) the Defendant’s employee C loaded a concrete block of 11.01t and 11.10t of concrete block of 10t in excess of 10t of 10t of vehicle operation limit to the Defendant’s work.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.

Thus, the above facts charged 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.