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(영문) 수원지방법원 2013.07.24 2013고단2498

도로법위반

Text

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

Reasons

1. On February 6, 1998, around 13:23, 1998, the Defendant’s employee B violated the Defendant’s vehicle operation restriction by carrying the freight of 44.1t exceeding the gross weight of 40 tons on the Defendant’s C truck and operating the said vehicle.

2. Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 7832 of December 30, 2005), which is the applicable provisions of the facts charged in the instant case, was declared unconstitutional by the Constitutional Court on October 28, 2010, and accordingly, the said provision of the Act retroactively lost its effect.

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