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(영문) 광주지방법원 2013.09.13 2013고단3008
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court Decision 2013 Inventory 427) is that the Defendant, a cargo transport company, was in violation of the restriction on operation of vehicles by loading more than 44.94 tons of freight exceeding 44.94 tons of gross weight at the front of the main business office of Honam Highway around September 11, 2002 and operating A truck, around 40:48.

Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged, has lost its effect by a ruling of unconstitutionality of Act No. 2010, 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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