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(영문) 수원지방법원 안산지원 2018.07.18 2018고단1346

도로법위반

Text

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

Reasons

1. The summary of the facts charged is a corporation established for the purpose of transporting special vehicles and construction machinery transportation business, etc., and employees A violated the restriction on the operation of the Road Management Agency by operating B truck with B truck loaded with freight exceeding 45.08 tons at the front of the military branch office located 24.4 km in the direction of the Gangseo-dong Highway in Korea on August 15, 2006.

2. The part of Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008, the same applies hereinafter), which applies to the above facts charged, "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 also be imposed on the corporation," which is the legal provision applicable to the above facts charged, was retroactively invalidated by the Constitutional Court Order No. 2008Hun-Ga of Jul. 30, 2009.

Thus, since the above facts charged do not constitute a crime, it is judged not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced pursuant to the main sentence of Article 440 of the same Act.