beta
(영문) 서울남부지방법원 2020.05.27 2020고단1361

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On February 11, 1995, the driver belonging to the defendant violated the restrictions on the operation of the cargo loading at around 10:47 on February 11, 1995.

2. The prosecutor charged the above charged facts by applying Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) to the above charged facts.

Article 86 of the former Road Act provides that "When an agent, employee, or other worker of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation." (The Constitutional Court en banc Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Merger) of the same Act provides that "if the agent, employee or other worker of the corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, the relevant provision of the same Act shall be retroactively invalidated

3. According to the conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 32