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(영문) 창원지방법원 진주지원 2016.03.31 2016고단132
도로법위반
Text

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

Reasons

1. On August 18, 2005, A, an employer of the defendant, operated B vehicles loaded with B vehicles in excess of 11.10 tons of the 10 tons of the 5 livestocks in excess of 10 tons of the limitation on the roads in front of the Gyeongsan branch office of the Corporation in Korea, the Daegu branch office of the Corporation in the Republic of Korea. The defendant, an employer, committed such a violation as above with respect to the defendant's duties.

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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