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(영문) 의정부지방법원 2013.07.19 2013고단1599
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around 13:49 on February 22, 2003, the Defendant violated the restriction on vehicle operation of the road management authority by loading and operating freight with a total weight of 44.58 tons and 11.12 tons at 5 livestocks in total, in excess of the restriction on vehicle with a gross weight of 25 tons owned by the Defendant (total weight of 40 tons, a stable weight of 10 tons) at the west Dop Hospital in the direction of 284.9km in the coastline 284.9km.

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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