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(영문) 서울중앙지방법원 2014.08.14 2014고단4851

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On March 4, 2003, at the 07:09, the Defendant violated the restriction on the operation of vehicles by a road management agency by operating the 3-scale cargo loaded with the 11.04t cargo exceeding 10t of the 3-scale cargo loaded with the 11.04t of D freight owned by the Defendant, in relation to the Defendant’s business at the 327.2km branch of the west Coast Highway, Seoul Metropolitan Office.

2. The Constitutional Court rendered a decision of unconstitutionality on the portion of Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Oct. 28, 2010; Act No. 8315, Oct. 28, 2010; Act No. 8665, Oct. 28, 2010; Act No. 4920, Jan. 5, 2095; Act No. 7832, Dec. 30, 2005; Act No. 4777, Jan. 2, 2005; Act No. 83155, Oct. 2, 200) that “if an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2,

3. Accordingly, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered under the former part of Article 325 of the Criminal Procedure