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(영문) 의정부지방법원 2013.11.07 2013고단3421
도로법위반
Text

The defendant is innocent.

Reasons

1. As to the facts charged, each of the following employees committed the following offenses. A.

B On 10:22 May 29, 2002, at the Seocheon Business Office located in the Central Highway 329.74 km from the Central Highway, in excess of 10 tons from 10 tons to 11.98 tons from 11.98 tons from among the restricted festivals, he shall operate a stone (building plate) on the vehicles belonging to the Defendant;

B. D, around December 25, 2003, around 07:24, 2003, loaded more than 1.19 tons of freight exceeding 1.19 tons by loading more than 10.19 tons of freight to be limited to 2 to the second axis of freight trucks belonging to the Defendant on the roads of the Korea Highway Corporation located in the Seoul Special Metropolitan City, which was located in Seoul Special Metropolitan City.

2. The provision of the former Road Act, which applied to each of the above facts charged, was retroactively invalidated by the Constitutional Court that rendered a decision of unconstitutionality.

Therefore, since each of the above facts charged constitutes a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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