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(영문) 수원지방법원 안산지원 2013.05.21 2013고단759
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On August 27, 2002, the Defendant: (a) around 10:15, the charge is a restricted area where the total weight of 40 km and 10 km cannot exceed 51.9 km in the direction of the board of the metropolitan metropolitan cycle highway; (b) the Defendant’s employee C loaded a total of 41.1t on D freight vehicles in relation to the Defendant’s duties; and (c) loaded at the fifth axis 1.1t, the gross weight of 1.1t, and the gross weight of 1.4t.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.

Thus, the above facts charged 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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