beta
(영문) 수원지방법원 여주지원 2014.05.28 2014고단271

도로법위반

Text

The defendant is innocent.

Reasons

1. As to the business of G vehicles belonging to the Defendant, F, an employee of the Defendant, was in violation of the restriction on operation of 10 tons, gross weight of 40 tons, length of 16.7 meters, width of 2.5 meters, and height of 4.0 meters on September 13, 199, while carrying the sn beam at the sn beam at around 17:52 on the sn beam and operating at the sn beam, in order to preserve the road’s structure and prevent risks of traffic.

2. The prosecutor brought a public action against the facts charged in the instant case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter “former Road Act”). However, the part that “where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the former Road Act due to the decision of the Constitutional Court on Oct. 28, 2010, Article 86 of the former Road Act (amended by Act No. 1014, Oct. 14, 2010; 15, 21, 27, 35, 38, 44, and 70 of the same Act, the portion that “if the corporation commits a violation under Article 83(1)2 of the same Act, the corporation shall also be punished by a fine under the relevant Article” becomes retroactively null and void.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.