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(영문) 의정부지방법원 2017.11.07 2017고단4352

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged F by the Defendant F

A. On February 28, 1997, at around 14:31, 1997, G cargo vehicles owned by the Defendant in excess of 45.9 tons in total amount exceeding 40 tons in the presence of the business office of the Corporation in the Republic of Korea at a point of 159 km (Korean Highway).

B. On March 6, 1997, around 14:28, at a point 155 km (155 km), the said vehicle was operated in the construction site located in the Republic of Korea road at a point of 155 km (hereinafter referred to as 47.2 tons) and was in violation of the restriction on the operation of each vehicle, thereby violating the Defendant’s duties.

2. In a case where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 (Article 84(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), which is a legal provision applicable to the facts charged of this case, and Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), which is a legal provision applicable to the facts charged of this case, the said corporation shall also be fined under

“The portion of the Constitutional Court Decision 2010Hun-Ga decided October 28, 2010 was rendered 14,15,21,27,35,38, 44,70 (merger) by the Constitutional Court Decision 14, 15, 21, 21, 27, 35, 38, 44, and 70 (Joint) and, according to the above decision, the said provision retroactively

Thus, the facts charged of 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.