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(영문) 광주지방법원 2013.04.10 2013고단795

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is as follows: (a) around February 10, 2004, at around 02:12: (b) around February 10, 2004, A, an employee of the Defendant, operated the Defendant’s vehicle B with freight exceeding 11.01 tons in front of the Gwangju branch office of the Gwangju branch office of the Gwangju branch office of the Korea Highway Corporation in the direction of Seoul: (c) around 10 tons, in excess of 10 tons in front of the restriction axis; and (d) around February 15:24, 2004, at around 15:24, the Seoul branch office of the Gwangju branch office of the Korea Highway Corporation in the direction of Seoul, 23.54km along the coastline, operated the freight loaded exceeding 44.2 tons in front of the Busan branch office of the

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, 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.