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(영문) 인천지방법원 부천지원 2017.08.29 2017고단1705

도로법위반

Text

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

Reasons

1. The facts charged F is a person engaged in driving a G 11 ton vehicle, and the defendant is the owner of the above vehicle.

F On December 5, 1994, at around 22:24, around 100, at a memorial station located in Jung-gu Incheon, Jung-gu, Incheon, for a 100 week anniversary of the fact that the above road was operated in Incheon as a sports air bombing area, the F loaded over 1.1 ton of the 2 livestock, and 11.1 ton of the 3 livestock, and operated over 10 ton of each of the 11.1 ton of the 3 livestock, although it was not possible to load over 10 ton of the livestock, and the Defendant caused F to commit an offense in connection with the Defendant’s duties as above.

2. The prosecutor charged a public prosecution for the above facts charged by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4796 of Dec. 22, 1994). The summary order subject to retrial was notified to the defendant and confirmed.

In this regard, after the above summary order has become final and conclusive, when an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the Act in relation to the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article.

“The part “” was retroactively invalidated by the Constitutional Court Decision 2011Hun-Ga24 Decided December 29, 201 by the 2011 Constitutional Court.

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