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(영문) 광주지방법원 2013.03.13 2013고단605
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case is that the Defendant, as a cargo transport company, operated D cargo vehicles in a state where C, its employees, around November 15, 2007, exceeds 2.5 meters of restricted width from the two lines of the national highways located in the Seoho-gu, Young-gun, Young-gun, Chungcheongnam-gun, Seoul, and around 15:15, more than 3.20 meters of restricted width.

Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008), which is the applicable provisions of the facts charged in this case, has lost its effect by the Constitutional Court ruling of 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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