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(영문) 수원지방법원 2012.12.26 2012고단5893
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around October 22, 2006, around 05:06, the Defendant violated the restriction on vehicle operation of the road management authority by loading and operating the freight exceeding the limited storage weight of DNA freight vehicles at the 31.5km point of Incheon East-dong, Incheon-do Office of Business (hereinafter referred to as the “Seoul-do Office of Business”).

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 the applicable provisions of the facts charged in the instant case was declared as unconstitutional by the Constitutional Court Order No. 2008HunGa17 of Jul. 30, 2009, and accordingly, the above provision of the Act retroactively lost its effect.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced under Article 58(2)

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