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(영문) 인천지방법원 부천지원 2014.10.02 2014고단2215

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On September 28, 1998, at around 15:27, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating freight exceeding the restriction (one thousand one hundred and seventy-five tons) on the Defendant’s B freight vehicles (one thousand one hundred and seventy-five tons) on the Defendant’s business at the center of the Korea Highway Corporation 19.8 kilometers 78 kilometers of the Coast Highway located in the 782 Sinsi-dong 782. The Defendant, an employee of the Defendant,

2. The Constitutional Court rendered a decision of unconstitutionality 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." Accordingly, 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 facts charged in the case of this case is retroactively invalidated pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

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