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(영문) 대전지방법원 2017.05.12 2017고단73

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is a legal person to which A pair of 17.5 tons of truck belongs, and B, around April 12:36, 1998, when the defendant's business was not loaded and operated in excess of 10 tons of a stable at a military entity's place of business located at a point 19.8km on the west Coast Highway, even though he was not loaded and operated in excess of 10 tons of a stable, the defendant loaded pulp paper and operated in excess of 11.14 tons at the 3 stable.

2. The judgment prosecutor instituted a public action by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005). However, if an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 of the said Act under Article 86 of the said Act, the juristic person shall also be punished by a fine under the said Article.

“The portion of the Constitutional Court Decision 2010Hun-Ga, October 28, 2010, ruled 2010, retroactively lost its effect.

Therefore, the facts charged of 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.