beta
(영문) 대전지방법원 2019.03.08 2019고단9

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Around 07:08 on May 13, 2002, the Defendant: (a) around the road of the Korea Highway Corporation, which is a point of 295.6km located outside the Gyeongcheon-gu Office, Gyeongcheon-do; (b) even though a vehicle exceeding 10 tons from a axis is in a limited operation, the Defendant, who was a driver belonging to the Defendant, driven a B vehicle of 11.1 ton of the 11.1 ton of the Cheongcheon-gu, Cheongcheon-gu, Cheongcheon-do, Cheongcheon-do, in front of the petition office of Korea Highway

2. Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which applies to the above facts charged in the judgment, was sentenced to each decision of unconstitutionality on Oct. 28, 201, Supreme Court Order 2010Hun-Ga38 of Oct. 28, 2010, and Supreme Court Order 2008Hun-Ga17 of Jul. 30, 209, and 201Hun-Ga24 of Dec. 29, 201. Accordingly, the above provisions of the Act retroactively lose its effect according to the above decisions, the Defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.