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(영문) 전주지방법원 남원지원 2014.07.01 2013고단300

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Around August 29, 1998, when the Defendant, an employee of the Defendant, operated a B truck with respect to the Defendant’s business, the Defendant violated the restriction on vehicle operation by running the 10 tons of a stable and 40 tons of a gross weight of 1.74 tons and 1.74 tons of a 3 stable, 10.54 tons of a 10.28 tons of a gross weight of 11.28 tons of a 3 stable, even though the 5 lines located in the Dobong-si National Highway in Seoyangyang-si, Seoyang-si, Seoyang-si, in order to preserve the road’s structure and prevent traffic congestion.

2. As to Article 86, Article 83(1)2, and Article 54(1) of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005), which is the applicable provisions to the facts charged in the instant case, the Constitutional Court shall, where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the former Road Act in Article 86 of the former Road Act, impose a fine under Article 83(1)2 of the same Act as to the corporation’s business, even the corporation shall be punished by a fine under the relevant provision (Article 2010Hun-Ga14, 15, 21, 27, 35, 38, 470, etc.). Thus, the aforementioned provision of the Act becomes retroactively null and void.

Thus, 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.