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(영문) 광주지방법원 2013.08.16 2013고단2330
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court 2013 Inventory 240) is that the Defendant, a cargo transport company, was in violation of the restriction on the operation of vehicles by loading freight exceeding 11.2 tons of 4 tons from the 348 km point front of the Korea Highway Corporation's index and business office, around 195, at around 19:40 on May 19, 1995, at the 348 km point.

Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged, has lost its effect by a ruling of unconstitutionality of Act No. 2010, Oct. 28, 2010.

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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