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(영문) 서울중앙지방법원 2016.06.15 2016고단2492

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is as follows: (a) the Defendant, an employee of the Defendant, violated the restriction on the operation of the vehicle of the road management agency by loading and operating the C 1.3 tons of freight on the 2 axis of the C 11.3 tons in excess of 10 tons in front of the 26.9 kilometer point in the front of the 26.9 kilometers of the marked-line intersection in Seoul, an outer circular road, around 11:51 on Jan. 19, 200.

With regard to this, a prosecutor filed a public prosecution 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).

In this regard, on October 28, 2010, the Constitutional Court rendered a decision that "if an employee or any other employee of a corporation commits an act in violation of Article 83 (1) 2 in connection with the business of the corporation, a fine under the same Article shall also be imposed on the corporation (the Constitutional Court Order 2010Hun-Ga38 delivered on the Constitutional Court Order) that "The above provision of the law is retroactively null and void in accordance with the above decision of unconstitutionality."

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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