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(영문) 광주지방법원 목포지원 2019.07.12 2019고단431
도로법위반
Text

The defendant shall be innocent.

Reasons

On September 2, 1994, at around 14:50 on September 2, 1994, the Defendant is the owner of C vehicle, and the driver of the said vehicle loaded the vehicle with the vehicle in excess of 12 tones, 11.87 tones, 2 tones, 3 1.8 tones, and 1.8 tones, at the previous restriction of operation and the vehicle movement control station in front of D located in the National Highway No. 1, Nanannam-gun, Nannam-gun, Nanannam-gun.

Judgment

Among the applicable provisions of the facts charged in this case, the penal provisions of the Road Act applied to the defendant have retroactively lost effect according to the Constitutional Court's decision of unconstitutionality.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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