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(영문) 수원지방법원 2014.06.09 2013재고단8

도로법위반

Text

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

Reasons

1. On May 3, 200, around 18:06 around May 18, 200, the summary of the facts charged in this case, A, an employee of the Defendant, violated the restriction on vehicle operation of the road management authority by operating Incheon B freight vehicle with freight exceeding the gross weight on the national highways of No. 28 of Ansan-gu, Seocho-gu, Chungcheongnam-do.

2. As to the above facts charged, a public prosecutor has instituted a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), and the Constitutional Court made a decision that "where an agent, employee or other worker of a corporation commits an offense under Article 83(1)2 with respect to the business of the corporation, a fine under the pertinent Article shall be imposed on the corporation," under Article 86 of the above Act, that "if the agent, employee or other worker of the corporation commits an offense under Article 83(1)2, a fine under the pertinent Article shall be imposed on the corporation," and accordingly, the above provision retroactively lost its effect.

Thus, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment in this case is publicly announced under Article 440 of the Criminal Procedure Act and Article 58 (2) of