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(영문) 수원지방법원 성남지원 2014.03.14 2014고단324

도로법위반

Text

The defendant is innocent.

Reasons

1. Around 17:55 on March 8, 2001, a summary of the facts charged charged, the Defendant violated the restriction on vehicle operation by a road management authority by operating B freight vehicles with a total weight of more than 44.2 tons in total weight exceeding 40 tons around the Ulsan Highway Branch of the 4km Highway, Ulsan Highway Branch of the Korea Highway.

2. As to the pertinent part of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the aforementioned facts charged, lost its effect by the Constitutional Court ruling, such as Constitutional Court Decision 201Hun-Ga38, Oct. 28, 2010.

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.