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(영문) 수원지방법원 2013.06.12 2013고단2001

도로법위반

Text

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

Reasons

1. On March 23, 2007, around 07:20 on March 23, 2007, the Defendant’s employees C violated the Defendant’s vehicle operation restriction by loading freight of more than 14.3t and more than 46t gross weight of more than 10t on the D truck belonging to the Defendant at the branch office of Incheon Korea Highway Corporation located in the main office of Incheon Korea Highway Corporation at a point of 85.4km point of the outermost Highway.

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