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(영문) 의정부지방법원 2016.09.05 2016고단1869

도로법위반

Text

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

Reasons

1. Around 06:39 on May 11, 1996, the summary of the facts charged, the Defendant’s employee was driving a B truck with respect to the Defendant’s business and operated in excess of 10 tons at the 4 axis, with a gross weight of 11.1 ton, respectively, while driving the said road while driving it in excess of 11.1 ton at the 4 axis.

2. The Constitutional Court rendered a decision 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" in 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) applied by the public prosecutor to the above facts charged, the part of the above legal provision retroactively loses its effect in accordance with the main sentence of Article 47 (3) of the Constitutional Court Act.

3. In conclusion, 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, and the summary of the judgment against the defendant is publicly announced under Article 440 of the Criminal Procedure Act. It is so decided as