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(영문) 부산지방법원 동부지원 2015.11.23 2015고단2149
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On November 4, 2006, at around 04:50, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating the freight exceeding the limit width of the Defendant’s B and C freight vehicles in relation to the Defendant’s work at the control room of the vehicle located in the south-gu Mag-gu Mag-ri, South-gu, Mag-gu, Magdong-gu.

B. On November 21, 2006, at around 04:05, the Defendant violated the restriction on vehicle operation by the road management authority by loading and operating the freight exceeding the limit width of the Defendant’s B and C vehicle, in relation to the Defendant’s business, at the 35-line mobile vehicle control inspection station on the street of the Gyeong-dong, Gyeong-dong, Gyeong-dong, Gyeongnam-si.

C. On November 22, 2006, at around 22:20, the Defendant violated the restriction on the operation of the vehicle by the road management authority by loading and operating the freight exceeding the limit width of the Defendant’s B and C freight vehicles owned by the Defendant in relation to the Defendant’s business at the Nowon-gun, Ulsan-gun, Seoul-gun, Seoul-do, a half-year mobile vehicle control inspection room.

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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