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(영문) 창원지방법원 2016.08.17 2016고단2042

도로법위반

Text

The defendant is innocent.

Reasons

1. On July 2, 1997, the Defendant violated the restriction on the operation of the vehicle of the road management agency by carrying the freight of 11.3 tons on the 2 axis in excess of 10 tons of the limited axis, and operating the vehicle to 17.5 tons of the gross weight of the vehicle exceeding 15.5 tons at the Seoul office located at the seat of 20.4 kilometers of the Gyeong-do Highway (Seoul). The Defendant’s employee violated the restriction on the operation of the vehicle of the road management agency by carrying the freight of 15.5 tons of the restricted axis.

2. In the decision of 2010 Hun-Ga23, 24, 36, 39, 47, and 50 (Joint) rendered on October 28, 2010, the Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the corporation's business, the part of the above provision of the Act retroactively loses its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act, which applies the above facts charged by the prosecutor. < Amended by Act No. 4920, Jan. 5, 1995; Act No. 8976, Mar. 21, 2008>

3. In conclusion, 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.