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(영문) 수원지방법원 안산지원 2017.09.14 2017고단2248

도로법위반

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged of this case is that A, who is the defendant's used, carried an export stuff on July 19, 2007 at a Gunr's office located in the direction of the 10km-ray 19:24m-ray 10km-on-ship of the defendant, and the road from the Kimpo-si to Busan City, which was located in the city of Busan, violated the restriction on the operation of the vehicle of the road management agency by operating more than 3.280 tons from the 2 axis to 13.280 tons, although it is not possible to operate the road in excess of 10 tons-on-ship.

2. Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008), which applies to the facts charged of this case, "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 be imposed on the corporation," which is subject to the decision of unconstitutionality of the Constitutional Court [Article 14, 15, 21, 27, 35, 38, 44, 70 (Joint) of the Constitutional Court Order No. 2010, Oct. 28, 2010; see Article 47 (3) of the Constitutional Court Act). Thus, the judgment of innocence and the summary of the facts charged of this case shall be retroactively invalidated pursuant to Article 45 of the Criminal Procedure Act.