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(영문) 서울남부지방법원 2016.06.30 2016고단2466
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case is that the Defendant is a juristic person running the freight transport business, and C, an employee of the Defendant, is driving D 12 tons of cargo trucks around July 18, 1993 in relation to the Defendant’s business and driving a 15.3 km point on the upper right-hand side of the Ansan mountain road at Incheon as an open-out area. The Defendant violated the restriction on the operation of vehicles by loading and operating the cargo of 10.2 tons at the second axis and 11.3 tons of cargo on the third axis of the limited axis in excess of 10 tons.

Therefore, the facts charged are the crimes under Article 86, Article 84 subparagraph 1, and Article 54 (1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jun. 1, 1993; Act No. 4920, Jan. 5, 1995); and Article 86 of the former Road Act is the crimes under Article 86 of the former Road Act; the Constitutional Court decided that Article 2011 Hun-Ga was unconstitutional by decision No. 24, Dec. 29, 201. Accordingly, the above punishment provision was retroactively invalidated pursuant to Article 47 (2) of the former Constitutional Court Act (amended by Act No. 12597, May 20, 2014).

Therefore, the facts charged in this case should not be a crime.

Therefore, the defendant is acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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