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(영문) 창원지방법원 통영지원 2015.04.16 2015고단202

도로법위반

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around November 6, 200, at around 00:32, the Defendant violated the restriction on the operation of vehicles by a road management agency by carrying the freight exceeding 1.2 tons of the weight of 1.2 tons among 10 tons on D freight vehicles in relation to the Defendant’s duties.

2. The Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010, ruled that 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 applied to the facts charged in the instant case by a public prosecutor, "where an agent, employee, or other employee of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, even if the corporation is deemed to be in violation of the Constitution, and thus, the part of Article 47 (3) of the Constitutional Court Act was retroactively invalidated pursuant to the main sentence of Article 47 (3) of the Act.

3. As the facts charged in this case constitute a case that does not constitute a crime, a judgment of innocence is rendered under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of the defendant is publicly announced under Article 58(2) of the Criminal