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(영문) 서울중앙지방법원 2020.11.13 2020고단7330

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On April 20, 1995, the Defendant violated the restriction on the vehicle operation of the road management authority by loading and operating the freight of 11.2 tons on the third axis in excess of 10 tons of the restriction criteria among the storage of the CF owned by the Defendant in relation to the Defendant’s business on the roads of the Southern-gu Office of Highway and the Southern-gu Office of Expressway, and the Defendant’s employees.

2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution, and as a result, Article 47 (3) of the Constitutional Court Act (amended by Act No. 4920 of Jan. 5, 1995) applied to the facts charged in the instant case by the public prosecutor is retroactively invalidated pursuant to Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005)."

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