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(영문) 서울중앙지방법원 2013.03.13 2013고단768

도로법위반

Text

The defendant shall be innocent.

Reasons

1. A, an employee of the Defendant, violated the restriction on the operation of the vehicle of the road management authority by operating the cargo loaded in excess of 1.0 tons of 2 stable 1.0 tons, 3 stable 1.0 tons, 1.0 tons of 4 stable 1.0 tons, and 1.2 tons of 5 stable 5 tons of 1.2 tons of 2 stable 1.0 tons of 3 stable 1.0 tons, 3 tons of 4 stable 1.0 tons, and 5 tons of 1.2 tons of 5 tons.

2. The prosecutor of the judgment applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995; hereinafter the same) to the facts charged in the instant case, and the summary order subject to retrial was notified and confirmed.

However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or other servant of a corporation commits an offence under Article 84 subparagraph 1 of the former Road Act in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article." (The Constitutional Court Order 201Hun-Ga24 Decided December 29, 201) that the part of the same Article, which "if the corporation commits an offence under Article 84 subparagraph 1 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant

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.