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(영문) 서울중앙지방법원 2017.07.06 2017고단3840
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant loaded and operated a 10 ton of more than 11.6 ton of the limited axis at a private car located in the Seoul direction around September 28, 2001, on September 12:07, Youngdong Line 151.1km on September 28, 2001, in relation to the Defendant’s business.

2. We examine the judgment. The effect of Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 8976 of March 21, 2008) (amended by Act No. 8976 of March 28, 2010), which is the legal provision applicable to the facts charged of this case, was retroactively lost pursuant to the decision of the Constitutional Court 14, 15, 21, 27, 27, 35, 38, 44, 70 (merger) and the proviso of Article 47 (2) of the Constitutional Court Act, which constitutes a case where the facts charged are not a crime, and thus, the judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.

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