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(영문) 수원지방법원 안산지원 2019.06.21 2019고단1610

도로법위반

Text

The defendant is not guilty. The summary of this judgment shall be published against the defendant.

Reasons

1. The summary of the facts charged is a juristic person established for the purpose of district cargo transportation business, automobile transportation business, etc., and the driver B of the vehicle, at around 10:56 on August 10, 2006, operated on the road at the Seoansan Business Office located at a point of 12.5 km away from the Sinando Highway (12.5 km), which violated the restriction on the operation of the road management authority by operating a gold-type truck with the weight of more than 1.6 tons by operating a weight exceeding 1.6 tons at the 2nd 35 tons.

2. 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), which is the applicable provisions to the facts charged in this case, "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 be imposed on the corporation," and the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, retroactively lost its effect by being sentenced to a decision of unconstitutionality on Oct. 28, 2010.

Thus, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced pursuant to the main sentence of Article 44