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(영문) 서울중앙지방법원 2015.03.31 2015고단1092
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck, and the Defendant’s employee, around 09:07 on June 11, 1996, loaded and operated 44.7 tons of the above vehicle on the front of the Korea Highway Corporation at a point 179 km away from the south-west line of 1996, in excess of 40 tons of the gross weight of the above vehicle.

2. The former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which applies to a summary order subject to review, loses its retroactive effect pursuant to the Constitutional Court’s decision of unconstitutionality (amended by Act No. 7832 of Dec. 30, 2005). Thus, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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