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(영문) 부산지방법원 2013.05.23 2013재고정4
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged of this case is that the defendant's employee violated the vehicle operation restrictions of road management authorities by operating the vehicle in a state where he was loaded with 11.48t at a 52.5km point in Youngdong Line Incheon 50 km point in May 13, 2005, at around 17:53, the 52.5 km point in Youngdong Line, and operated the vehicle in a state where he was loaded with 11.48m of 1.48m in the 2nd axis. Thus, the part of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, which was amended by Act No. 7832 of Dec. 30, 2005) applied to the judgment subject to reexamination has lost its effect by the Constitutional Court Decision 2010Hun-Ga38 (merged) decided Oct. 28, 2010, the defendant shall be acquitted pursuant to Article 325 of the Criminal Procedure Act.

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