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(영문) 전주지방법원 2013.05.30 2013고단1322
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is that if the Defendant loaded and operated the freight of 11.4 tons of B cargo vehicles owned by the Defendant on June 16, 199, around 07:28, at the Hasan-si station located in the new tree 711 line prior to the inspection station of the new Bari, A, an employee of the Defendant, with respect to the Defendant’s business, he loaded and operated the freight of 11.4 tons of the B cargo vehicles owned by the Defendant in excess of

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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