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(영문) 의정부지방법원 2013.06.14 2013고단1289
도로법위반
Text

The defendant shall be innocent.

Reasons

1. As to the facts charged, the Defendant had employees commit the following offenses. A.

B On March 12, 1997, around 14:13, around the National Police Agency in front of the National Police Agency of Incheon City, 10 tons of limited livestock with 11.1 ton of 3 livestocks, and operated more than 1.1 ton of limited livestocks.

B. At around 12:3 on January 14, 2003, C loaded 10 tons of a stable, 10.87 tons of a total weight of 4.40 tons on the 4 axis of the D 10.93 tons, 10.87 tons on the 5 axis, and 4.40 tons of a total weight of 44.40 tons on the 4 axis, at the point of Echeon Incheon Highway located at a point of 80 Kmn of Young-dong Highway, which is a restricted area for vehicle traffic with a gross weight of at least 40 tons, and operated a 4.40 tons of a total weight exceeding 0.93 tons and 5 tons.

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

Therefore, since the above facts charged constitute 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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