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(영문) 대전지방법원 천안지원 2016.11.29 2016고단674

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Around March 4, 2002, the summary of the facts charged, as the driver of the freight vehicle C, violated the restriction on the operation of the vehicle by carrying more than 11.1 ton of the freight on the third axis at the seat of the 10 tons in excess of 10 ton of the 10 ton of the 10 ton of the 10 ton of the 10 ton of the 10 ton

2. The prosecutor, as to the above facts charged, filed a public prosecution by applying Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; hereinafter the same). On October 28, 2010, the Constitutional Court ruled in Article 86 of the former Road Act that "where an agent, employee, or other employee of a corporation commits a violation under Article 83(1)2 in connection with the corporation's business, the portion that "the fine under the relevant Article shall be imposed on the corporation shall be imposed on the corporation," which is in violation of the Constitution (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; hereinafter the same shall apply) that applies the above provisions of the Act retroactively lose its effect.

3. In conclusion, the facts charged in this case constitute a crime and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.