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(영문) 부산지방법원 2013.03.28 2012재고정81 (1)
도로법위반
Text

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

Reasons

The summary of the facts charged of this case is that "the employee of the defendant violated the restriction on the operation of the vehicle of the road management agency by operating B truck without any justifiable reason at the vehicle control inspection office around 11:31 on May 20, 2004, with respect to the defendant's duties, without any justifiable reason, by failing to comply with the request for loading quantity measurement by the management agency." Thus, the part corresponding to Article 86 of the former Road Act (amended by Act No. 4920 on January 5, 1995, and Article 7832 of the Act on December 30, 2005) which applies to the judgment subject to reexamination, becomes null and void by the Constitutional Court decision of Article 2010Hun-Ga38 (Joint) decided October 28, 2010 (Joint). Thus, the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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