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(영문) 수원지방법원 성남지원 2013.09.13 2013고단1776
도로법위반
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is as follows: (a) around 08:30 on July 14, 1993, the Defendant violated the restriction on vehicle operation of the road management authority by operating a dump truck with a weight exceeding 10.1 ton of the 3-scale weight exceeding 10 ton of the 3-scale weight exceeding 10 ton of the 4-scale weight 11.8 tons in front of the 183 Hail-dong, Gangdong-gu, Gangdong-gu, Seoul.

2. As to the relevant part of Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995), which is the applicable provisions of the aforementioned facts charged, lost its effect by a ruling of unconstitutionality of 201Hun-Ga24, Dec. 29, 201.

Thus, the above facts charged 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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