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(영문) 부산지방법원 동부지원 2015.11.23 2015고단2099
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On August 16, 2005, around 10:31, the Defendant violated the restriction on the operation of vehicles by a road management authority by loading and operating freight in excess of the limitation on the size, weight, and total weight of D freight vehicles owned by the Defendant on the front of the 7.4 kilometer branch office of the Korea Highway Corporation, which is an employee of the Defendant, in connection with the Defendant’s business.

B. On October 3, 2005, around 16:51, the Defendant violated the restriction on vehicle operation of road management authorities by: (a) C, an employee of the Defendant, on the roads of the Korea Highway Corporation located 4.2 kilometers in two kilometers in the direction of the central highway; (b) loaded and operated the freight exceeding the limitation on the size of the D freight vehicles owned by the Defendant in relation to the Defendant’

2. Since the penal provisions applied to a summary order subject to review have retroactively lost effect according to the Constitutional Court’s decision of unconstitutionality, the Defendant is acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act.

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