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(영문) 창원지방법원 밀양지원 2018.08.07 2018고단299

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a juristic person established for the purpose of mid-term lending business, etc., and, on November 22, 1993, at around 10:20, 1993, the employees of the Defendant operated a line of 25 of the National Highway No. 135 of Masan National Highway No. 25 of Masan with soil on the B dump truck, and operated a line of 10 tons on the wump truck with water on the wump, the Defendant, despite the fact that he was unable to operate more than 10 tons of 2 and 3 wump truck, he was in excess of the limit of 13 tons each.

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.