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(영문) 서울중앙지방법원 2018.07.25 2018고단3999

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On December 27, 1994, at around 07:49, the Defendant, an employee B, loaded freight in excess of the traffic restriction standard on the third axis of C Freight in front of the place of business in the Southern Sea Line, and operated the said vehicle, thereby violating the restriction on the operation of the vehicle of the road management agency, thereby violating the Defendant’s duties.

2. The former Road (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995) which is a legal provision applicable to the above facts charged, where an agent, employee or other worker of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation.

The Constitutional Court Decision 2013Hun-Ga25 Decided November 28, 2013 and Article 47(3) of the Constitutional Court Act became retroactively null and void.

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.