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(영문) 창원지방법원 밀양지원 2018.08.07 2018고단292

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant, a juristic person established for the purpose of mid-term leasing business, etc., is the owner of A Dump truck. On September 13, 1994, at around 10:47, the Defendant, an employee of B, loaded and operated a 1015 line local highway 1015 line on the said vehicle with stone and soil on September 13, 1994, the 14.60 tons of the said 2 axis and the 3 14.20 tons of the total weight of 34.40 tons at the said 34.40 tons.

2. The judgment prosecutor's punishment of a fine of KRW 300,00 was finalized by filing a public prosecution in accordance with Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 193; Act No. 4920, Jan. 5, 1995); however, when an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the said Act in relation to the business of the corporation, the corporation shall also be fined under the said Article.

“The portion of the Constitutional Court Decision 2011 Constitutional Court Decision 2011Hun-Ga, dated December 29, 2011, retroactively lost its effect due to the 24th decision of unconstitutionality.

Therefore, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.