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(영문) 전주지방법원 2013.05.30 2013고단1325
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On June 14, 200, at around 12:40 on June 14, 200, the summary of the facts charged in the instant case, the Defendant: (a) on the 17th line of the national highway located in the Gancheon-gun National Highway located in the Gancheon-gun, the employees of C, who loaded and operated freight to ensure that the Defendant’s total weight of 7.20 tons is 7.20 tons; (b) in violation of the total weight limitation by loading and operating freight to be owned by the Defendant; and (c)

2. Of the applicable provisions of the facts charged in this case, Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 7832 of December 30, 2005), which is a joint penal provision, was retroactively invalidated due to the Constitutional Court’s decision of unconstitutionality on October 28, 2010, Article 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (merged) of the same Act.

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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