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(영문) 서울중앙지방법원 2019.05.02 2019고단1997
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On January 5, 1996, around 19:13, the Defendant violated the restriction on the operation of vehicles by the road management authority in relation to the Defendant’s duties performed by the driver who is the user of the above vehicle, by carrying more than 11.1 tons of freight on the 2nd axis of the vehicle in excess of 10 tons of the restricted axis at a point of 423.5 km located in the Ulsan District Office located in Busan Metropolitan City, the Busan Metropolitan City Office, the Busan Metropolitan City Office, the Busan Metropolitan City Office, in front of the Busan Metropolitan City Office.

2. However, the penal provisions of the Road Act applied to the defendant among the applicable provisions of the facts charged in this case have lost its effect retroactively according to the Constitutional Court's decision of unconstitutionality.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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