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(영문) 수원지방법원 2013.06.12 2013고단1983
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On July 6, 2007, around 02:06, the Defendant’s employee A, with respect to the Defendant’s duties, violated the restriction on vehicle operation by the road management authority by loading freight of the 12.35t exceeding 10t of the 2nd weight of the 2nd-in weight on the 2nd-in freight on the 2nd-in freight vehicle belonging to the Defendant, and operating the said vehicle.

2. Article 86 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005, and wholly amended by Act No. 8976, Mar. 21, 2008; hereinafter the same) which is the applicable provisions of the facts charged in the instant case was declared unconstitutional by the Constitutional Court Order 2008HunGa17, Jul. 30, 2009. Accordingly, the above provision of the Act retroactively lost its validity.

3. As the facts charged in the instant case constitute a case that does not constitute a crime, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and a summary of the judgment of the Defendant is publicly announced pursuant to Article 58

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