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(영문) 대전지방법원 2016.01.22 2015고단4440

도로법위반

Text

The defendant is not guilty. The summary of the above judgment shall be publicly notified.

Reasons

1. On June 2, 1994, the Defendant is the owner of B truck, and around 15:40 on June 2, 1994, the Defendant, who is his employee, led a public official controlling the vehicle to go to the above vehicle at a place where the operation of more than 10 tons of the vehicle is restricted in front of the inspection station of the Daejeon E-dong, Daejeon E-dong, but failed to comply with it and escaped without any special reason.

2. The judgment prosecutor applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); and the punishment of a fine of KRW 500,00 is finalized by a summary order subject to review; however, if an agent, employee or other worker of a corporation commits a violation under Article 83 (1) subparagraph 2 of the said Act in Article 86 of the said Act, the said corporation shall also be punished by a fine under the relevant Article.

“The Constitutional Court Decision 2011Hun-Ga24 dated December 29, 2011 rendered that this part was retroactively null and void with respect to the part “.”

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.