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(영문) 전주지방법원 군산지원 2019.04.30 2019고단164

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Around 10:35 on May 30, 1994, the summary of the facts charged, B, an employee of the Defendant, violated the Defendant’s duty by loading freight of 11.2 tons and 11.6 tons at the 3 dunes of truck, even though he could not load freight of 10 tons or more per axis in front of the ferry station located in the Geum-dong, Simsan-si, Simsan-si.

2. The prosecutor of the judgment applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Dec. 29, 201; however, according to the Constitutional Court Order 201Hun-Ga24 decided on Dec. 29, 201, Article 86 of the former Road Act that "where an agent, employee, or other employee of a corporation commits a violation under Article 84 subparagraph 1 of the same Act with respect to the business of the corporation, the portion that "a fine under the relevant Article shall be imposed on the corporation shall also be imposed retroactively on the corporation."

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