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(영문) 의정부지방법원 2013.07.17 2013고단1231

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On September 26, 2005, around 13:18, the Defendant violated the restriction on vehicle operation of the road management authority by loading and operating freight of 1.15 tons and 42.28 tons of total weight on the fifth axis in excess of the restriction (10 tons of gross weight, 40 tons) of B truck owned by the Defendant in relation to the Defendant’s duties in the 01 line of the 01 line of the YY YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

2. The provision of the former Road Act, which was applied to the above facts charged, was retroactively invalidated by the Constitutional Court that declared that the provision was unconstitutional.

Therefore, since the above facts charged constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.