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(영문) 창원지방법원 진주지원 2016.03.31 2016고단127
도로법위반
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. At around February 22, 2008, A, an employer of the defendant, driven B vehicle loaded B vehicle with a gross weight exceeding 40 tons, gross weight exceeding 44.91 tons, gross weight exceeding 10 tons, and 11.42 tons at the 4 axis, at a place of business located in the Corporation located in the Republic of Korea at the 113km located in the mountain located in the Haan-gun, Nan-gun, Haan-gun, Nannam-gun, Nannam-gun on February 22, 2008. The defendant committed such a violation as above with respect to the duties of the defendant.

2. As to the facts charged of this case, Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008), which are applicable statutes to the facts charged of this case, retroactively lost its effect according to the Constitutional Court’s decision of unconstitutionality (see Constitutional Court Decision 2008Hun-Ga17, Jul. 30, 2009).

Thus, since the facts charged in this case constitute a case that does not constitute a crime, the court rendered a judgment of innocence pursuant to the former part of Article 325 of the Criminal Procedure Act and publicly announced the summary of the judgment of innocence pursuant to Article 440 of the Criminal Procedure Act.

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