beta
(영문) 부산지방법원 동부지원 2012.12.26 2012고단4323

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On April 10, 2001, around 08:16, the Defendant violated the restriction on vehicle operation by the road management authority with respect to the Defendant’s business at the boundary of the Cheongdong Business Office in Seoul, the outer cycle road, and the Defendant’s employees.

B. On April 16, 2001, the Defendant violated the restriction on vehicle operation by the road management authority regarding the Defendant’s duties at the facilities located in the Seoul Busan Highway, and the Defendant’s employees violated the restriction on vehicle operation by the road management authority.

2. The part of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged in 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 is subject to a fine under the relevant Article, of the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged)."

Therefore, the facts charged in this case constitute a crime and thus not guilty under the former part of Article 325 of the Criminal Procedure Act.