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The defendant shall be innocent.
Reasons
Summary of Facts charged
A. On December 28, 199, the Defendant was a person who is engaged in transportation business as the owner of A medium-term truck, and around 10:15 on December 28, 199, the Defendant violated the restrictions on the operation of vehicles by loading freight of 63.4 tons in violation of total weight restrictions while operating the above truck with respect to the Defendant’s business, and by loading and operating the restricted weight of 40 tons in excess of 23.4 tons.
B. The Defendant was a person who is engaged in transportation business as the owner of CW period. On October 13, 2003, around 14:35, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading freight of 18.5 tons on the 2nd axis and loading and operating the restricted weight of 10.5 tons more than 8.5 tons by operating the 10.4 kilometers of DW L LWW (10.4 kilometers) with respect to the Defendant’s business.
C. On May 13, 2006, the Defendant was a person who is engaged in transportation business as the owner of the E period mid-term season, and around 22:30 on May 13, 2006, the Defendant violated the restriction on the operation of vehicles by a road management authority by operating the said machine at a length of 20.1m in length while operating the said machine with a length of 16.7m in length exceeding 3.4m.
Judgment
A. Of the facts charged in the instant case
B. As to paragraph (2), Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) and Article 83(1)2 of the facts charged in the instant case
As to the provision of the Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008), a public prosecution was instituted by applying Articles 86 and 83(1)2 of the former Road Act, and the above summary order was notified to the defendant and finalized.
However, after the above summary order became final and conclusive, the Constitutional Court on July 30, 2009 on the old Road Act.