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(영문) 부산지방법원 동부지원 2018.08.22 2018고단1504

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. On July 6, 200, the Defendant violated the restriction on the operation of the vehicle of the road management agency by loading strings exceeding the limitation on the size of the freight vehicle owned by the Defendant in relation to the Defendant’s business on the 7th line of the main repair road of Yung-si, Yung-si, Yung-si, Yung-si, and by operating strings exceeding the gross weight of the freight vehicle owned by the Defendant;

B. On July 7, 200, the Defendant violated the restriction on the operation of the vehicle of the road management office by loading a string exceeding the size, total weight, length, and width of the freight vehicle owned by the Defendant in a Dong-dong station located in the Gangseo-dong, Gangwon-do on July 7, 200, by the Defendant’s employees B, with respect to the Defendant’s business, while operating the string in excess of the size, total weight, length

C. On December 15, 200, around 05:00, the Defendant violated the restriction on the operation of the vehicle of the road management office by loading and operating a stack in excess of the restriction on the size and total weight of the freight vehicle owned by the Defendant in relation to the Defendant’s business on the road side of the 29th National Highway of Boyangyang-gun, Seoyang National Road No. 29 on December 15, 200.

D. On December 15, 200, around 19:43, the Defendant violated the restriction on the operation of the vehicle of the road management office by loading and operating the straws in excess of the limit of the freight cars owned by the Defendant in relation to the Defendant’s business on the D national highway 27 in front of the D national highway located in the North Gun, Gun, Si, Gun.

2. The Constitutional Court Decision 2010Hun-Ga, 14, 15, 21, 27, 35, 38, 44, 70 (merger) decided October 28, 2010, applied by a prosecutor to the facts charged in the instant case (amended by Act No. 4920 of January 5, 1995, and was amended by Act No. 7832 of December 30, 2005) in Article 86 of the former Road Act (amended by Act No. 7832 of December 30, 2005), “When 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, the corporation shall also be punished by a fine under the relevant Article.

“The decision of unconstitutionality” is unconstitutional.

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