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(영문) 서울중앙지방법원 2014.09.17 2014고단5488

도로법위반

Text

The defendant shall be innocent.

Reasons

1. A summary of the facts charged: (a) around September 5, 1997, around 22:14, the Defendant violated the restriction on vehicle operation of the road management agency by: (b) C, an employee of the Defendant, operating a D8 ton of freight vehicles, exceeding 11.1 ton of 2 ton of freight vehicles owned by the Defendant, on the part of the Korea Highway Corporation at a point 64.5 km away from the Donsan Highway; (c) in relation to the Defendant’s business,

2. In the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality on the portion that "if an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, and the part that Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) applied to the facts charged in this case by the public prosecutor, the Constitutional Court ruled that "if the agent, employee, or other worker of the corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article."

3. According to the conclusion, the facts charged in this case constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.