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(영문) 의정부지방법원 2013.10.18 2013고단3242
도로법위반
Text

The defendant shall be innocent.

Reasons

1. As to the facts charged, the Defendant had employees commit the following offenses. A.

B, on February 8, 1995, operated a point of approximately 25 kilometers in Young-dong Line during the operation of the Young-dong Highway at the inn side from the Young-dong Highway, which was 15:52 ton on February 8, 1995, and operated a cargo vehicle of more than 0.7 tons in gross weight not exceeding 15.5 tons.

B. D around January 28, 2008, around 15:45, the road located at the 10 tons, total weight 40 tons, length 16.7m, width 2.5m, height 4.0m, and 1.8m in order to preserve the road structure and prevent the danger of operation, D operated the E truck exceeding 1.8m.

2. The provision of the former Road Act, which applied to each of the above facts charged, was retroactively invalidated by the Constitutional Court that rendered a decision of unconstitutionality.

Therefore, since each of the above facts charged constitutes a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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