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(영문) 부산지방법원 2015.05.22 2015재고정6

도로법위반

Text

1. The defendant is innocent. 2. The summary of the judgment of innocence of this case shall be published.

Reasons

1. The Defendant in the facts charged of the instant case is a corporation for the purpose of transporting cargo to the owner of a cargo vehicle B. A is the driver of the said vehicle. A, an employee of the Defendant, is a violation of the restriction on the operation of the Defendant’s business by loading more than 1.5 tons of a stable weight in order to preserve the road structure and prevent traffic danger while operating a tank 7.4km at a point of 7.4 km in the Central Highway, a two-way road in front of the road construction dong-dong expressway, around January 7, 2008, while restricting the operation of a tank 10 tons of a stable, in order to maintain the road structure and prevent traffic danger.

2. We examine the judgment, and the prosecutor prior to the amendment by Act No. 7832 of Dec. 30, 2005 as to the above charged facts against the defendant and the amendment by Act No. 8976 of Mar. 21, 2008.

(a) The same shall apply;

Article 86, Article 83(1)2, and Article 54(1) apply to a public action. However, the Constitutional Court rendered a decision on July 30, 2009 that "if an agent, employee, or other worker of a corporation commits an act of violation under Article 83(1)2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," and the Constitutional Court rendered a decision on unconstitutionality as to Article 86 of the former Road Act that "if the agent, employee, or other worker of the corporation commits an act of violation under Article 83(1)2 in relation to the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation." Thus, in accordance with the proviso of Article

3. According to the conclusion, a defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and a summary of the judgment against the defendant is publicly notified under Article 440 of the Criminal Procedure