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(영문) 수원지방법원 2012.12.26 2012고단5849
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On October 4, 2007, at around 10:55, the Defendant violated the restriction on the vehicle operation of the road management authority by loading and operating the freight exceeding the minimum weight of the DNA freight vehicle in relation to the Defendant’s business, on the front side of the Incheon Military Port Office 24.4km in the direction of Gangseo-dong Highway, Incheon.4km in relation to the Defendant’s business.

2. Article 86 of the former Road Act, which is the applicable provisions of the facts charged in this case, was declared to be unconstitutional by the Constitutional Court Order 2008HunGa17 dated July 30, 2009, and accordingly, the above provision of the Act was retroactively invalidated.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced under Article 58(2)

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