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(영문) 수원지방법원 2013.07.24 2013고단2505

도로법위반

Text

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

Reasons

1. On April 29, 1997, around 08:21 on April 29, 1997, the Defendant’s employee B violated the Defendant’s vehicle operation restriction by loading the freight of 11.3t exceeding 10t of the 5 livestock scale limitation weight to the C truck belonging to the Defendant, 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