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(영문) 창원지방법원 진주지원 2016.03.31 2016고단131
도로법위반
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. A, an employer of the defendant, around January 14, 2008, operated B vehicles loaded with B vehicles with freight of 11.35 tons in the 4 axis in violation of the order of the competent authority prohibiting the passage of more than 10 tons of vehicle from the place of origin on the south Sea at the highway (hereinafter referred to as the "place of origin") around 07:21 on January 14, 2008. The defendant, an employer, committed the above violation in relation to the defendant's business.

2. As to the facts charged of this case, Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008), which are applicable statutes to the facts charged of this case, retroactively lost its effect according to the Constitutional Court’s decision of unconstitutionality (see Constitutional Court Decision 2008Hun-Ga17, Jul. 30, 2009).

Thus, since the facts charged in this case constitute a case that does not constitute a crime, the court rendered a judgment of innocence pursuant to the former part of Article 325 of the Criminal Procedure Act and publicly announced the summary of the judgment of innocence pursuant to Article 440 of the Criminal Procedure Act.

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