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(영문) 수원지방법원 안산지원 2013.04.23 2013고단407
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On December 1, 2006, the Defendant violated the restriction on the operation of vehicles of the road management authority by operating the said truck in a state where the Defendant’s employee C was loaded with freight of 11.270t exceeding the limited weight of 10t on the third axis of D truck with respect to his/her duties at the Gun’s Gun’s Gun’s Gun’s Gun’s Gun’s Gun’s 782.

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 a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect by the Constitutional Court Decision 2008Hun-Ga17 decided July 30, 2009.

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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