beta
(영문) 수원지방법원 2013.03.28 2012재고정15

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a juristic person established for trucking transport business, etc., and its employees, at around 00:20 on May 1, 2003, in order for them to preserve the road structure at the security-oriented vehicle inspection station in Chuncheon, a national highway No. 46 on May 1, 2003, in order to prevent the traffic danger, they operated without complying with the demand for measurement by the control board while carrying a cream on the B Twit, even though they are under the control of vehicles violating restrictions on operation exceeding 10 tons or gross weight No. 40 tons.

2. The prosecutor charged the facts charged in this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended 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 a violation under Article 83(1)2 in connection with the business of the corporation, a fine under the relevant provision shall be imposed on the corporation," in Article 86 of the above Act, "the above provision of the Act shall be imposed on the corporation retroactively."

In addition, Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which are written in the judgment subject to a retrial, are amended by Act No. 4920 of Jan. 5, 1995, and Articles 86, 83(1)3, and 54(2) of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005) are deemed to be a clerical error in Article 86, 83(1)3, and 54(2) of the same Act, even if the Constitutional Court considers that an agent, employee, or other employee of a corporation commits a violation under Article 86(1)3 of the same Act with respect to the business of the corporation.