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(영문) 서울중앙지방법원 2013.05.29 2013고단2439

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On February 25, 2005, around 00:38, the Defendant, an employee of the Defendant, violated the restriction on the vehicle operation of the road management authority in relation to the Defendant’s duties by loading and operating freight at the fourth 1.06 tons of B truck on the front of the 185 km branch office of the Korea Highway Corporation, in violation of the restriction on the 10 tons of B truck, at the 185 km branch office of the Korea Highway Corporation.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005) to the facts charged. The Constitutional Court ruled in Article 86 that "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 be imposed on the corporation," that "the relevant provision of a fine under the relevant Article shall be imposed on the corporation," is unconstitutional (the Constitutional Court Order 2010Hun-Ga14,15,21,27, 27, 35, 38, 44, 70 (merger).

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.