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(영문) 의정부지방법원 2013.10.11 2013고단2546
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around July 29, 2003, around 00:24, the Defendant violated the restriction on the operation of vehicles by a road management authority by loading freight of 11.17 tons on the four necks of a vehicle exceeding the restriction (10 tons of a stable weight) on the Defendant’s business, at a branch office of the Korea Highway Corporation located at 26.9km from the point of view of the extension of the passenger crossing in Seoul and the 26.9km from the point of view of the facts charged.

2. The provision of the former Road Act, which was applied to the above facts charged, was retroactively invalidated by the Constitutional Court that declared that the provision was unconstitutional.

Therefore, since the above facts charged constitute 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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