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(영문) 수원지방법원 안산지원 2013.04.03 2013고단288
도로법위반
Text

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

Reasons

1. The summary of the facts charged is that C, an employee of C, operates the said vehicle under the condition of gross weight of 10 tons or gross weight of 40 tons, even though it is not exceeding 10 tons or gross weight of 40 tons in the operation of DTracers at a 18 km point in the 2nd line air conditioners in the South Sea, around 22:05 on December 26, 2003, at the 18km point in the 2nd line air conditioners in the South Sea, and at the 36.92 tons of the said vehicle under the condition of gross weight of 36.92 tons.

2. The facts charged in the instant case fall under Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), and the Constitutional Court rendered a decision No. 2010Hun-Ga38 of Oct. 28, 2010 to determine that if an employee, etc. of a corporation commits a violation under Article 83(1)2 of the above Act, the said part is retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

Thus, 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 in this case is publicly announced under Article 440 of the Criminal Procedure Act and Article 58 (2) of

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