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(영문) 서울동부지방법원 2013.11.21 2013고단2567
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around April 28, 1996, the Defendant violated the standards for restriction on operation of vehicles by allowing employees B to operate a vehicle more than 10 tons in excess of 10 tons of the restricted axis, on the front of a branch office, Dong Seoul Metropolitan Office at a point of 3.9 km in Seoul, Jung Highway, Seoul, and thus violating the standards for restriction on operation of vehicles.

2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) with respect to the facts charged in the instant case, and filed a claim for a summary order, and the defendant was notified of the summary order subject to review and confirmed.

However, Article 86 of the former Road Act, the applicable provisions of the facts charged in the instant case, decided on December 29, 201 by the Constitutional Court Decision 201Hun-Ga24, the Constitutional Court Decision 2011Hun-Ga25, December 29, 201; the Constitutional Court Decision 2011Hun-Ga25, October 28, 2010, decided on October 28, 2010; the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70, the Constitutional Court Decision 2008Hun-Ga17, July 30, 209.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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