beta
(영문) 광주지방법원 2016.01.06 2015고단4637

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case is that the Defendant’s employee, around January 13, 1994, operated B truck loaded with freight to ensure that the weight of the 4-scale weight exceeds 1.7 tons and exceeds 11.7 tons at the front of the place of business where the construction project is applied to Korea, and around February 17:39, 1994, the Defendant’s employee violated the restriction on the operation of the vehicle of each road management agency by operating B truck loaded with freight to exceed 2 tons with the weight of the 4-scale weight exceeding 2 tons at the front of the construction project site in Korea.

In this regard, if an agent, employee or other worker of a corporation commits a violation under Article 84 (1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993, and amended by Act No. 4920, Jan. 5, 1995), which is a legal provision applicable to the facts charged of this case, under Article 86 of the former Road Act (amended by Act No. 4545, Jan. 5, 1995), the corporation shall also be fined under the corresponding Article.

“The part “” was retroactively invalidated in accordance with the Constitutional Court Decision 2011Hun-Ga24 decided on December 29, 201 and the proviso of Article 47(2) of the Constitutional Court Act.

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.