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(영문) 의정부지방법원 2013.11.07 2013고단3410
도로법위반
Text

The defendant is innocent.

Reasons

1. As to the facts charged, each of the following employees committed the following offenses. A.

C On January 9, 2005, around 13:14, at the time of loading sand into D vehicles belonging to the Defendant at the Gu Ri business office located at a point 26.9km of the Highway 26.9km, and operated by loading more than 44.33 tons in actual measurement even though the gross weight of the above vehicle is 40 tons;

B. E, at around 11:49 on August 17, 2004, loading more than 1.1 ton of freight on the 5 axis from the 11.1 ton of FScarc Trac Trac Trac Trac Trac Trackn belonging to the Defendant at the female main business office of the Korea Highway, and operating more than 1.1 ton;

C. G is operated on May 6, 2004 by loading more than 44.14 tons and loading more than 44.14 tons of the gross weight of H vehicle belonging to the Defendant on the road above the Don Highway 24.4km points in the Sindon Highway 24.4km points in the Sindon Highway;

D. Around 19:51 on June 21, 2001, I loaded freight of more than 11.4 tons for 11.4 tons on the third axis of J Hyundai25 Ca Truck vehicles belonging to the Defendant at the direction of Busan Korea Highway Corporation located in the direction of Busan 63.5 kilometers of Busan, at the location of the Busan Korea Highway Corporation;

E. At around 23:40 on July 29, 1999, K had an excessive loading of an error in L 16KL tank L 23.2 tons of total weight and operated more than 20 tons of gross weight of 20 tons.

2. The provision of the former Road Act, which applied to each of the above facts charged, was retroactively invalidated by the Constitutional Court that rendered a decision of unconstitutionality.

Therefore, since each of the above facts charged constitutes a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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