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(영문) 수원지방법원 2012.12.26 2012고단5862
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around January 27, 2004, around 22:15, the Defendant violated the restriction on the operation of vehicles of road management authorities by loading and operating freight in excess of the minimum weight of B freight vehicles in relation to the Defendant’s business, on the road of the Seoul branch office of the Korea Highway Corporation established under the 196-10 Seoul branch office, Sungnam-si, Chungcheongnam-si, Seoul Metropolitan City.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged in the instant case, was declared unconstitutional by the Constitutional Court on Oct. 28, 2010, and accordingly, the said provision of the Act retroactively lost its effect.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced under Article 58(2)

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