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(영문) 수원지방법원 안산지원 2014.04.10 2014고단637
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is around 00:45 on February 25, 2007, around 00:48 of the national highways No. 48 on the Dott Jeju-si, Jeju-do, Jeju-do, and the defendant's employees violated the vehicle operation restrictions (limited weight 40t) by operating the above vehicle while loaded with the steel structure No. 65.35t on the defendant's business.

2. Article 86 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 is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect by the Constitutional Court Decision 2008Hun-Ga17 decided July 30, 2009.

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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