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(영문) 광주지방법원 목포지원 2014.11.27 2014고단1816
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On January 28, 2008, around 20:59, an employee A employed by the Defendant, who violated the restriction on vehicle operation by operating a freight vehicle belonging to the Defendant in excess of a stable weight at the red business office of the Korea Expressway Corporation.

2. The part concerning the violation under Article 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008) which applies to a summary order subject to review, has lost its effect retroactively with the decision of unconstitutionality as of July 30, 2009 by the Constitutional Court Decision 2008Hun-Ga17 decided July 30, 2009, and thus, the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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