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(영문) 의정부지방법원 2013.10.24 2013고단3244
도로법위반
Text

The defendant is innocent.

Reasons

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

B, around 12:05 on June 14, 1996, in an area where it is impracticable to operate more than 10 tons per 10 tons per each axis at a point of four kilometers in the finial point of the mountain place of the Ulsan Highway, but the finial area is loaded more than 1.3 tons by loading the finial area in excess of 35 tons of truck 2:11.3 tons per ton of the Defendant;

B. D, at around 15:48 on September 21, 1999, loads a walscruscruscruscruscruscruscruscruscruscruscruscruscruscruscis at a luminous business establishment located within 268.8 km of the Southern Sea Highway, and drives in the direction of Busan, the said section is an area subject to restriction on the operation of vehicles with gross weight exceeding 10 tons during a stable,

C.F, around 16:31 on October 25, 1999, is restricted from the operation of a vehicle exceeding 10 tons of a stable and gross weight 40 tons in order to preserve its structure and prevent any danger to traffic, on the said road at a bamboo shop located at a point 57.9 km of Central Highway, but F, on the other hand, is operated by loading more than 1.2 tons by loading more than 1.2 tons of cargo on the 2 axis of G5 truck loading box belonging to the Defendant;

D. At around 23:55 on July 30, 2001, H loaded a processed cargo of 1.3 tons exceeding 1.3 tons by loading a processed cargo of 11.3 tons exceeding 10 tons from 10 tons during a driving axis at the downstream of the business office of Jung-do Highway.

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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