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(영문) 서울남부지방법원 2019.05.10 2019고단1539
도로법위반
Text

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

Reasons

1. On April 10, 1995, at around 20:30, the Defendant violated the restriction on the operation of vehicles by the road management authority with respect to the Defendant’s duties performed by the driver of the above affiliated vehicle, who loaded freight of at least 11.1 ton of 11.2 ton of 3 ton of 10 ton of 10.2 ton of 10 ton of 3 to operate a truck in excess of 10 ton of the limitation axis.

2. Of the applicable provisions of the facts charged in this case, the penal provisions of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) applied to the defendant among the applicable provisions of the facts charged in this case lost its effect retroactively in accordance with the Constitutional Court’s decision of unconstitutionality.

Thus, since the facts charged in this case 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, and the summary of the verdict of innocence is publicly notified under Article 440 of the Criminal Procedure Act. It is so decided as per

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