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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단125
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On August 21, 2005, the Defendant is the owner of A truck, and around 00:56 on August 21, 2005, the Defendant violated the restriction on operation by carrying a total weight of more than 11.6 tons, and operating the said vehicle, with a total weight of more than 10 tons, at the Korea Highway Corporation's 142.5km store.

2. The judgment prosecutor, applying 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), where a fine of 300,000 won was determined by the summary order No. 206 and No. 1879 of Sept. 7, 2006, but the sentence of a fine of 300,000 won was retroactively invalidated under Article 86 of the above Act.

Therefore, the facts charged in this case 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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