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(영문) 수원지방법원 안산지원 2018.05.18 2018고단1345
도로법위반
Text

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

Reasons

1. Summary of the facts charged

A. The Defendant is the owner of B vehicle.

On May 20, 2003, at around 11:08 on May 20, 2003, C was a restricted area in which it is impossible to load more than 10 tons and operate more than 10 tons of the load in front of the business site of the 273km of the Coastal Highway, but it was operated with 1.2 tons of the cargo loaded 11.2 tons on the 4 axis of the above vehicle.

2. The part corresponding to 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 applies to the above charged facts, lost its effect pursuant to the Constitutional Court’s decision of unconstitutionality (2010Hun-Ga38) as of October 28, 2010.

Thus, the facts charged of 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, and the summary of the judgment against the defendant is publicly announced under the main sentence of Article 440 of the Criminal Procedure

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