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(영문) 대전지방법원 홍성지원 2017.11.01 2017고단559

도로법위반

Text

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

Reasons

1. On October 10, 2003, the Defendant violated the restriction on the operation of vehicles by loading and operating freight exceeding 4.21 meters at a height exceeding 4 meters on the Defendant’s business, at the Cheong River Business Office located at a point of 6.5 kilometers from the starting point of the flow point of the west-west-west Highway, other than the coast, at around 05:10 on October 10, 2003.

2. 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 applies to the facts charged of this case, "where an agent, employee, or other worker 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," which is subject to the decision of unconstitutionality of the Constitutional Court (see Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (Joint)).

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