beta
(영문) 의정부지방법원 2014.03.31 2013고단4279

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On August 6, 2003, at around 19:19, the Defendant violated the restriction on the operation of the vehicle by having A, an employee of the Defendant, operate the said truck while loaded with freight exceeding 11.05 tons, exceeding 10 tons of the limitation 10 tons of the 15 tons of the 19:00 tons of the 26.9 kilometer line.

2. The above facts charged fall under Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005). However, according to the decision of the Constitutional Court, the above part of Article 86 of the former Road Act, "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, as well as the corporation, shall be imposed retroactively according to the decision of unconstitutionality of Article 86 of the former Road Act."

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