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(영문) 서울중앙지방법원 2016.01.11 2015고단7153

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged of this case is that the defendant's employees committed an act of violating the defendant's duties by loading and operating the freight of 12.2 tons on the 2 axis of C Freight in excess of 10 tons of the limited storages at the front of the construction work site, at a point of 27.5 kilometers in the vicinity of the main road of the old-ri highway, which is located in Korea, the 11:52 on August 31, 1995, which is an employee of the defendant.

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 applies to the facts charged of 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 also be imposed on the corporation," which is retroactively invalidated pursuant to the Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Joint) and Article 47 (3) of the Constitutional Court Order (amended by Act No. 7832 of Oct. 28, 2010).

Thus, since the facts charged in this case constitute a case that does not constitute a crime, the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.