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(영문) 광주지방법원 2013.03.13 2013고단511
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is that the Defendant, as a cargo transport company, operated B cargo vehicles loaded 1.13 tons in the 2nd stable in excess of 10 tons of limited axiss, 11.53 tons in the 3nd stable, 11.03 tons in the 4th stable, 11.03 tons in the 3nd stable, and 50.09 tons in total, in load of 50.09 tons in the 2nd stable, around 16:42, 2004.

Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the Act to this, has lost its effect by decision of unconstitutionality on Oct. 28, 2010.

Thus, the facts charged in this case 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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