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(영문) 대전지방법원 홍성지원 2017.08.22 2017재고정1

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The facts charged A is the driver of the vehicle B, and the defendant is the owner of the above vehicle.

At around 05:40 on July 4, 2003, A, the Defendant’s employee, operated the said vehicle, which was 2.50 meters in width, 4.00 meters in height, 16.7 meters in length, 40 tons in total weight, 10 tons in weight, and 10 tons in weight, the Defendant’s employee, was in violation of the demand for load measurement for confirmation of restriction on operation by failing to comply with measurement conducted by an inspection station within the public road 39 on the part of Indones-si, Indones-si, Indones-si, Indones-si, Asan-si, the Defendant, without good cause.

2. The effect of 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 legal provision applicable to the above facts charged, was retroactively lost pursuant to the Constitutional Court Order 2010Hun-Ga38 (Consolidation) Decided October 28, 2010 and the proviso to Article 47 (2) of the former Constitutional Court Act (amended by Act No. 12597 of May 20, 2014).

Therefore, the above facts charged constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.