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(영문) 의정부지방법원 2013.07.17 2013고단1096

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. On May 27, 1994, around 05:00, the Defendant violated the restrictions on the operation of vehicles of the road management authority by failing to comply with the request of the road management authority for the measurement of the load while A, an employee of the Defendant, was operating a 11 ton of car with the Defendant’s work, while operating a 11st ton of car and a truck with the Defendant’s work.

B. On May 28, 1994, around 10:34, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating the 8.85 tons of a stable in excess of the restriction on the said vehicle in relation to the Defendant’s duties in the Department of Diplomatic Inspection Station located in Doi-si, Gangwon-do. The Defendant violated the restriction on the operation of vehicles of the road management authority.

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.