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(영문) 전주지방법원 2013.03.28 2012고단3630
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around February 12:27, 2007, the Defendant violated the restriction on vehicle operation by the road management authority on the following grounds: (a) C, an employee of the front of the business office of the Seon Coastal Highway, the East Coastal Expressway, operated the D Truck's 5 livestock with freight exceeding 10 tons of the restricted 11.58 tons; and (b) the Defendant violated the restriction on vehicle operation of the D Truck's 5 livestock.

2. Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) which is a joint penal provision among the applicable provisions of the facts charged in the instant case was invalidated retroactively due to the Constitutional Court’s decision of unconstitutionality on July 30, 2009.

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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