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(영문) 광주지방법원 2013.08.28 2013고단3112

도로법위반

Text

The defendant shall be innocent.

Reasons

1. A, who is an employee of the Defendant, is operating a B truck with respect to the Defendant’s business, violated the restrictions on the operation of vehicles of each road management authority by operating the Korea Highway Corporation with a gross weight of more than 10 tons exceeding 13.7 tons and a gross weight of more than 51.2 tons exceeding 40 tons on the front of the Gwangju Highway Seoul Highway, at around February 25, 2001, in excess of 10 tons of the restricted axis, around February 25, 2001. (2) around March 27, 2001, at around 05:48, in excess of 10 tons on the front of the Gwangju Expressway Highway, in excess of 11.1 tons and gross weight of more than 40 tons on the front of the 44.6 tons on the roads of the Gwangju Expressway Highway.

2. As to 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 is a joint penal provision among the applicable provisions to the facts charged in this case, the Constitutional Court rendered a decision on Oct. 28, 2010 that "where an agent, employee or other employee of a corporation commits a violation under Article 83 (1) 2 in connection with the corporation's business, the corporation shall be punished by a fine under Article 83 (1) 2 of the Act shall also be punished by the Constitution, and the part of the above Article 47 (2) of the Constitutional Court Act (amended by Act No. 7832 of Oct. 28, 2010) shall retroactively lose its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act.

3. In conclusion, since each of the facts charged in this case constitutes a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.