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(영문) 창원지방법원 통영지원 2013.03.27 2012고단1005

도로법위반

Text

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

Reasons

1. On November 24, 2005, around 18:13, 2005, the Defendant, as an employee, violated the restriction on the operation of a vehicle by a road management authority, by loading B freight at the 2nd 18km point in Seosan Korea Highway Corporation located in the 2nd 2nd west 18km of the South Sea, and operating the 2nd 11.52 tons of a limited weight exceeding 10 tons.

2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005; and the summary order of KRW 300,000 was notified and finalized in this court.

However, after the above summary order became final and conclusive, Article 86 of the above Act provides that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation" shall be imposed on the Constitutional Court [the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 shall be imposed on the corporation]. The above provision of the above Act, which is applicable provisions of the facts charged, has retroactively lost its effect.

3. According to the conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of the defendant is publicly notified pursuant to Article 58(2)