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(영문) 수원지방법원 성남지원 2014.03.14 2014고단329
도로법위반
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is as follows: (a) around 06:49 on July 4, 1996, the Defendant, an employee of C, in relation to the Defendant’s work, violated the restriction on the operation of vehicles by the road management authority by operating a DNA truck with a weight of 11.8 tons exceeding 10 tons at the location of the 2-scale weight exceeding 10 tons at the location of the 2-scale weight.

2. As to the pertinent part of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the aforementioned facts charged, lost its effect by the Constitutional Court ruling, such as Constitutional Court Decision 201Hun-Ga38, Oct. 28, 2010.

Thus, the above facts charged 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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