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(영문) 광주지방법원 2013.11.15 2013고단4746

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court Decision 2013 Inventory 420) is that the Defendant violated the restriction on the operation of vehicles by loading freight exceeding 44.6 tons from the front side of the main office of the Korea Highway Corporation located in Geum-gu, Geum-gu, Seoul Special Metropolitan City on February 28, 2002, in front of the main office of the Korea Highway Corporation located in Geum-gu, Geum-gu, Seoul Special Metropolitan City on February 28, 2002.

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 facts charged, has lost its effect by a ruling of unconstitutionality of Act No. 2010, Oct. 28, 2010.

Thus, the facts charged in this case 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.