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(영문) 의정부지방법원 2013.08.29 2013고단1762
도로법위반
Text

The defendant is innocent.

Reasons

1. As to the facts charged, each of the following employees committed the following offenses. A.

On June 19, 2002, around 09:35, I driven a truck of more than 12.9 tons on the 2 axis of the above vehicle by driving a truck of more than 12.9 tons belonging to the Defendant at the control station of the vehicle located at a point of 19.05 kilometers on the parallel line of the Highway.

B. At around 18:45 on March 10, 2003, K driven a 11.1 ton of freight on the 2 axis of the above vehicle and operated a 1.1 ton of freight on the 2 axis of the above vehicle at the Sungnam-gu Magdong 2, Sung-dong 39-13, Nannam-gu, Nannam-ro, Nannam-ro, Nannam-ro, Nannam-ro, 5.1 kilometer-dong, Nannam-ro, Nannam-do,

C. At around 12:04 on June 3, 2003, M, the Korea Highway Corporation located in Gwangju City, driven a freight truck with 11.2 tons or more of freight at the 4 axis of the above vehicle and operated by loading more than 1.2 tons of freight at the 15 tons of freight truck belonging to the Defendant at the subordinate office of the Korea Highway Corporation located in Gwangju City.

K on May 28, 2003: around 03:15, on the road in front of the 26.9 kilometer at the Magdong-ro, Seoul, the outer circulation road, and operated the freight of 11.36 tons exceeding the restricted weight of 10 tons on the above vehicle.

2. The provision of the former Road Act, which applied to each of the above facts charged, was retroactively invalidated by the Constitutional Court that rendered a decision of unconstitutionality.

Therefore, since each of the above facts charged constitutes a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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