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(영문) 수원지방법원 안산지원 2013.08.13 2013고단1405
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On December 29, 2002, the Defendant: (a) around 17:08, the 31.5km point in Young-dong Incheon East-dong Airport establishment; (b) the Defendant’s employee violated the Defendant’s vehicle operation restriction (large weight 10t, total weight 40t) by carrying a packing machine on the part of the Defendant’s employees to operate the said vehicle at KRW 5.35t in weight; (c) the 1st weight of the B vehicle 1; (d) the 1st weight of the 10.06t, 2nd weight of the 10.95t, 3rd weight; and (d) the 9.90t weight of the 5th weight, 5th weight; and (e) the 4.4.43t weight of the vehicle.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.

Thus, the above facts charged 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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