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(영문) 서울동부지방법원 2013.11.21 2013고단2570
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. On February 23, 1998, at around 18:15, the Defendant violated the restriction on operation of vehicles by having an employee B, an employee, operate the 4 livestock with a vehicle under the status of 11.2 tons more than 10 tons out of the restricted axis, on the roads in front of the fixed operation restriction inspection station located in the National Road No. 17 of the 17th National Road located in the GIri-si, GIri-si, G, in relation to its duties.

B. On March 30, 199, at around 12:01, the Defendant violated the restriction on the operation of vehicles by having his employees operate the 4 livestock more than 10 tons in excess of 11.5 tons of the restricted livestock, on the front of a bndum cancer site where 24.5 km is located on the roads of the Central Highway Highway 24.5 km.

2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) with respect to the facts charged in the instant case, and filed a claim for a summary order, and the defendant was notified of the summary order subject to review and confirmed.

However, Article 86 of the former Road Act, the applicable provisions of the facts charged in the instant case, decided on December 29, 201 by the Constitutional Court Decision 201Hun-Ga24, the Constitutional Court Decision 2011Hun-Ga25, December 29, 201; the Constitutional Court Decision 2011Hun-Ga25, October 28, 2010, decided on October 28, 2010; the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70, the Constitutional Court Decision 2008Hun-Ga17, July 30, 209.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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