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(영문) 수원지방법원 성남지원 2013.03.19 2013고단435

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On March 4, 199, at around 22:16, 199, C, an employee of the Defendant, was in violation of the Defendant’s duty restriction on vehicle operation of a road management authority by operating a D freight vehicle with a 10 tons weight exceeding 11.5 tons of 10 tons of 10 tons of 10 tons of 10 tons of 10 tons of 10 tons of 199.

2. The prosecutor brought a public action against the facts charged in the instant case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter “former Road Act”). However, the part that “where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the former Road Act due to the decision of the Constitutional Court on Oct. 28, 2010, Article 86 of the former Road Act (amended by Act No. 1014, Oct. 14, 2010; 15, 215, 27, 35, 38, 44, and 70 of the same Act, the portion that “if the corporation commits a violation under Article 83(1)2 of the same Act, the corporation shall also be punished by a fine under the relevant Article” becomes retroactively null and void.

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.