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(영문) 광주지방법원 2014.01.17 2013고단6289
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court Decision 2013 Inventory 1066) is that the Defendant, a cargo transport company and its employees violated the restriction on operation of vehicles by loading more than 1.13 tons of freight on the 4 axis and operating A freight cars in excess of 10 tons from the 137.3km branch office of the Korea Highway Corporation in the direction of the west Highway Seoul 14:35 May 24, 2005, at the front of the Dong-gun Forest Business Office, in excess of 10 tons from the restricted axis.

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 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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