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(영문) 부산지방법원 동부지원 2012.12.26 2012고단4414

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On February 18, 1994, the Defendant violated the restriction on vehicle operation of the road management authority by loading and operating the freight exceeding the limited storage weight of the freight vehicles owned by the Defendant in relation to the Defendant’s duties on the road front of the south-gu Office of Business of the Southern-gu, Southern Highway at a point of 260km of the Gyeong-do Highway.

2. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995), which is the applicable provisions of the facts charged in the instant case, provides that "where an agent, employee or other worker of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation." The Constitutional Court Decision 201Hun-Ga24, Dec. 29, 201, which is retroactively invalidated by the decision of unconstitutionality as of December 29, 201.

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