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(영문) 청주지방법원 2012.12.27 2012고단1369

도로법위반

Text

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. The Defendant, who is his employee, operated a large-scale B truck on around 23:43, 2005 with respect to the Defendant’s business, violated the restriction on the operation of the vehicle by the road management authority, by operating the vehicle in a state where it is loaded with freight exceeding 10 tons of de-measurement 11.10 tons at the front of the Jincheon Business Office, in excess of 10 tons of de-measurement 10 tons.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005) to the facts charged in the instant case. The Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 in relation to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," in Article 86 of the above Act, that "if the agent, employee, or other worker of the corporation commits a violation under Article 83(1)2, a fine under the relevant Article shall be imposed on the corporation, which is in violation of the Constitution (Article 2010Hun-Ga14,15,27,35,38,470, Oct. 28, 2010).

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced under Article 58 (2)