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(영문) 창원지방법원 진주지원 2016.03.31 2016고단130
도로법위반
Text

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

Reasons

1. On August 16, 2007, A, an employer of the defendant, operated B vehicles loaded with B vehicles loaded with B vehicles with 1.03 tons of 11.03 tons at the fifth axis in violation of an order issued by the relevant authority prohibiting vehicle traffic with a weight of at least 10 tons at the shop of the construction work in Korea, Korea around August 16, 2007. The defendant, an employer, committed such a violation as above in relation 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. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008), which are applicable statutes to the facts charged of this case, retroactively lost its effect according to the Constitutional Court’s decision of unconstitutionality (see Constitutional Court Decision 2008Hun-Ga17, Jul. 30, 2009).

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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