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(영문) 광주지방법원 2013.09.13 2013고단3083
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court Decision 2013 Inventory547) is that the Defendant, a cargo transport company, was in violation of the restriction on the operation of vehicles by carrying more than 11.4 tons of freight on the third axis and operating a cargo vehicle at the front side of the Gwangju Highway Korea Highway Corporation at a point of 159km in Seoul direction on April 10, 1999, at around 10:57, more than 10 tons of the restricted axis.

Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged, has lost its effect by a ruling of unconstitutionality of Act No. 2010, Oct. 28, 2010.

Thus, the facts charged in 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.

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