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(영문) 서울동부지방법원 2013.12.30 2013고단3150
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On January 8, 1994, at around 18:18, the Defendant violated the standards for restriction on the operation of vehicles by allowing an employee A, an employee, to operate the 2 livestock more than 10 tons in excess of 11.1 ton of the restricted livestock, on the front of the route of the route of the route of the road of the route of the route of the route of the route of the road of the metropolitan highway.

2. As to the facts charged in the instant case, the public prosecutor filed a claim for a summary order by applying Articles 86, 84 subparag. 1 and 54(1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995). The summary order subject to retrial was notified and finalized.

However, Article 86 of the former Road Act, the applicable provisions of the facts charged in the instant case, decided on December 29, 201 by the Constitutional Court Decision 201Hun-Ga24, the Constitutional Court Decision 2011Hun-Ga25, December 29, 201; the Constitutional Court Decision 2011Hun-Ga25, October 28, 2010, decided on October 28, 2010; the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70, the Constitutional Court Decision 2008Hun-Ga17, July 30, 209.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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