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(영문) 인천지방법원 부천지원 2014.07.04 2014고단1212
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is as follows: (a) the Defendant violated the duty of the Defendant by operating a vehicle exceeding 40 tons in total weight in order to preserve the structure of the road and prevent risks to traffic at a point of 327.2 km away from August 29, 2005, at a point of 327.2km along the Western Coast Highway (SP) around 11:56m, the Defendant, who is the use of the vehicle, despite the restriction on the operation of a vehicle exceeding 40 tons; (b) however, the Defendant violated the restriction on the operation of the vehicle by operating a vehicle with the gross weight of 4.06 tons exceeding 4.

2. As to Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); or Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005); or Article 86 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 10655, Dec. 24, 2011; Act No. 10653, Dec. 14, 2011; Act No. 10688, Dec. 31, 2005; Act No. 8677, Mar. 21, 2017.

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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