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(영문) 광주지방법원 목포지원 2015.04.20 2015고단345
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. The Defendant’s employees A, around 10:40 on October 1, 1998, violated the restriction on vehicle operation by operating B freight cars owned by the Defendant in excess of the respective scopic weight at the regular Eup business office of the Korea Expressway Corporation around 10:47 on December 9, 198, and ③ around 29:04:40 on December 29, 1998.

B. The Defendant’s employees A violated the restriction on the operation of the vehicle by driving the B truck under the Defendant’s control, exceeding the respective scopic weight at the 19:30 on October 29, 1997, and 2:12:20 on January 20, 1998 at the Gyeongnam Expressway Business Office.

2. The part concerning a violation under Article 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005) which applies to each summary order subject to review, has lost its effect retroactively with the decision of unconstitutionality rendered on October 28, 2010 by the Constitutional Court, and thus, the Defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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