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(영문) 수원지방법원 성남지원 2013.05.08 2013고단707

도로법위반

Text

The defendant is innocent.

Reasons

1. Around 13:05 on September 30, 2002, in relation to the Defendant’s duties, the Defendant violated the restriction on the operation of a vehicle by a road management authority by operating a B truck with a weight of 11.6 tons in weight exceeding 10 tons on the front of both the Korea Highway Corporation at a point of 61 km in the Gangseo-dong Highway (Seoul Highway) 61km in front of both the branch offices of the Korea Highway Corporation, and the 11.6 tons in weight of 4 livestock.6 tons.

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.