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(영문) 서울중앙지방법원 2012.12.26 2012고단6659

도로법위반

Text

The defendant shall be innocent.

Reasons

On February 21, 2006, the facts charged are that the employee C violated the restriction on vehicle operation by operating D freight cars exceeding the restriction on vehicle weight on the front of the main office of business office of the Seoul except for Seoul Metropolitan Area.

However, the effect of Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008), which is the applicable provisions of the facts charged in the instant case, was retroactively lost by the Constitutional Court Order No. 2010Hun-Ga38 of Oct. 28, 2010, and thus, the facts charged in the instant case are not a crime, and thus, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.