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(영문) 부산지방법원 동부지원 2019.10.30 2019고단1789

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Around 18:43 on July 20, 2005, the Defendant violated the restriction on vehicle operation by the road management authority by loading and operating freight exceeding the limitation weight of the freight vehicles owned by the Defendant in relation to the Defendant’s business at the Daegu branch office, the Korea Highway Corporation located in Busan branch office, the Busan branch office, the Busan branch office, the 68.5km branch office of the Korea Highway Corporation.

2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution, and as a result, Article 47 (3) of the Constitutional Court Act (amended by Act No. 4920 of Jan. 5, 1995) applied to the facts charged in the instant case by the public prosecutor is retroactively invalidated pursuant to Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005)."

Thus, the facts charged in this case constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.