beta
(영문) 대구지방법원 김천지원 2013.03.26 2013고단68

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a juristic person whose purpose is the transportation business, etc., and the employee B, with respect to his duties, violated the restrictions on the operation of vehicles by the road management authority by carrying 1.1 ton of 1.1 ton on the 2 axis of C Freight vehicles, even though the passage of a vehicle exceeding 10 ton of 1.1 ton of 1.1 ton of 1.1 ton of 1.1 ton of 1.1 to be loaded on the 2 axis of C Freight vehicles, in order to preserve the structure and prevent traffic at the end of the Daejeon Highway branch office, the Daejeon Expressway branch office, the Daejeon Highway branch office, along the Busan Highway, at the location of 165 km located

2. The prosecutor charged the facts charged in this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), and the Constitutional Court made 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 business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," in Article 86 of the above Act, "the provision that the relevant Article shall be imposed on the corporation, in violation of the Constitution (the Constitutional Court Order 2010Hun-Ga14,15,21,21,27,35,38,44,70 (merged) of the above provisions of the Act, which are applicable provisions of the law, retroactively as a result of the decision of unconstitutionality, has lost its effect.

Thus, since each of the facts charged in this case constitutes a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.