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(영문) 수원지방법원 성남지원 2013.07.05 2013고단1244

도로법위반

Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is as follows: (a) around 11:50 on April 3, 2002, the Defendant, an employee of B, operated C truck with a weight of 11.8 tons in weight of 2.11.8 tons in excess of the limited weight of 10 tons in front of the 19km branch office in Gangseo-dong Line 19km.

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.