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(영문) 광주지방법원 2013.03.28 2013고단523
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case is that the Defendant, a cargo transport company, operated a cargo vehicle A with the cargo loaded in excess of 10 tons of the restricted storage on the front of the inspection site for the control of restricted vehicles in the front of the 10 tons of the national highways No. 18, Jindo-gun, Jindo-gun, Seoul National Road No. 18, Dec. 21, 1998.

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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