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(영문) 대구지방법원 서부지원 2014.01.17 2013고단1557

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a corporation established for the purpose of trucking transport business, etc., and the defendant's business was in violation of the restrictions on vehicle operation of the road management authority by operating a vehicle in the state of loading the cargo with a gross weight exceeding 44.4 tons at the Busan East Sea Line 35.6 km from June 16, 2007 at the Busan East Sea Line 35.33 kilometers.

2. As to the facts charged in this case, the prosecutor brought a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (wholly amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; however, the Constitutional Court made a decision that "where an agent, employee, or other employee 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 also be imposed on the corporation," in Article 86 of the above Act, that "if the agent, employee, or other employee of the corporation commits a violation under Article 83(1)2, a fine under the relevant Article shall be imposed on

Therefore, according to the above decision of unconstitutionality, the above legal provision, which is the applicable provisions of the facts charged, loses its effect retroactively, and the facts charged in this case are not a crime, and thus, a not-guilty verdict is rendered under the former part of Article 325