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(영문) 광주지방법원 2013.06.14 2013고단1895
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court 2013 Inventory 199) is that the Defendant, as an employee of B, violated the restriction on operation of vehicles by loading more than 1.78 tons of freight on the third axis and operating C freight cars in excess of 10 tons of the limited 1.78 tons from the 840 lines of local highway 840 on March 6, 2006, when the said B entered the erogic group, the erogical branch located in the erogtic group, in relation to the Defendant’s business.

Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 8976 of Mar. 21, 2008), which is the applicable provisions of the facts charged, has lost its effect by decision of unconstitutionality of Act No. 2010, Oct. 28, 2010.

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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