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(영문) 창원지방법원 진주지원 2016.03.31 2016고단133
도로법위반
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. On September 8, 2005, A, an employer of the defendant, operated B vehicles loaded with B vehicles with 1.34 tons in the 2 axis in excess of the weight of 10 tons at a point of 129 km in Korea located at a point of 710-21, 710-21, e.g., the Eup-Myeon-dong, 710-21, South-Nam-dong, and the Eup-Myeon-dong. The defendant, the employer, committed such a violation as above with respect to the defendant's business.

2. As to the facts charged of this case, Articles 86 and 83 (1) 2 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 7832 of December 30, 2005), which are applicable statutes to the facts charged of this case, retroactively lost its effect pursuant to the Constitutional Court’s decision of unconstitutionality [Article 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (amended by Act No. 7832 of October 28, 2010).

Thus, since the facts charged in this case constitute a case that does not constitute a crime, the court rendered a judgment of innocence pursuant to the former part of Article 325 of the Criminal Procedure Act and publicly announced the summary of the judgment of innocence pursuant to Article 440 of the Criminal Procedure Act.

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