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(영문) 광주지방법원 2013.08.16 2013고단2441
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case (Seoul District Court 2013 Inventory 270) is that the Defendant, a cargo transport company, was in violation of the restriction on the operation of vehicles by loading more than 11.1 ton of freight on the 2 axis and operating a A freight vehicle in excess of 10 ton of the limited axis at the front of the 159km branch office of the Korea Highway Corporation at the Gyeongnam Highway around January 16, 1997, at around 13:42, 197.

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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