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(영문) 대구지방법원 포항지원 2017.09.21 2017고단1032

도로법위반

Text

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

Reasons

1. On April 21, 2006, A of the facts charged violated the restriction on the operation of the road management agency by operating B cargo vehicles with the width of more than 2.5m in front of the inspection station of the restriction on the operation of vehicles moving in front of the restriction on the operation of vehicles moving at the south-gu Sea at the port of port via the port of port around 03:55 on April 21, 2006, and the Defendant, an employee, caused A to commit an offense against the Defendant’s duties as above.

2. The part of 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 also be imposed on the corporation," which applies to the facts charged of this case, is retroactively invalidated by the decision of 17th July 30, 2009 by the Constitutional Court, and thus, it is ordered that the defendant be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act and the summary of the judgment against the defendant under Article 440 of the Criminal Procedure Act shall be published.