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(영문) 수원지방법원 2013.06.12 2013고단1991

도로법위반

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On May 29, 2007, around 12:01 on May 29, 2007, the Defendant’s employee A, with respect to the Defendant’s business, violated the Defendant’s vehicle operation restriction by carrying freight of 11.30t exceeding 10t of a 3 livestock scale limit, on the part of the Seoul Highway Corporation located at a point 402.6 km located in Busan, Busan, the Busan, and on the part of the Defendant’s business office.

2. Article 86 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005, and wholly amended by Act No. 8976, Mar. 21, 2008; hereinafter the same) which is the applicable provisions of the facts charged in the instant case was declared unconstitutional by the Constitutional Court Order 2008HunGa17, Jul. 30, 2009. Accordingly, the above provision of the Act retroactively lost its validity.

3. As the facts charged in the instant case constitute a case that does not constitute a crime, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and a summary of the judgment of the Defendant is publicly announced pursuant to Article 58