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(영문) 광주지방법원 2013.12.13 2013고단5737
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court 2013 Inventory 948) is that the Defendant violated the restriction on operation of vehicles by carrying more than 11.1 ton of freight on the fourth axis and operating A freight cars at the front of the Gwangju branch office, located in the Korea Highway Corporation located in the Seoul metropolitan branch, located in the Seoul metropolitan branch, in around April 28, 1997, at around 22:14, 1997, by its employees, in excess of 10 ton of the limited axis.

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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