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(영문) 대구지방법원 김천지원 2013.03.26 2013고단93

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a juristic person established for trucking transport business, etc., and the employee A, with respect to his duties, violated the restriction on the vehicle operation of the road management authority by allowing the vehicle operation of the road management authority by operating the 40 tons of a total weight exceeding 4.3 tons of the B 4.3 tons of the B freight, even if he was unable to operate the vehicle in excess of a total weight of 40 tons in front of the Korea Highway Corporation, which is a point of 201 kilometers in Seoul direction of the Gyeong Highway, at around the 201: 36: 40:10,000,000,000 from around

2. The prosecutor charged the facts charged in this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), and the Constitutional Court made a decision 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 also be imposed on the corporation," in Article 86 of the above Act, "the provision that the relevant Article shall be imposed on the corporation, in violation of the Constitution (the Constitutional Court Order 2010Hun-Ga14,15,21,21,27,35,38,44,70 (merged) of the above provisions of the Act, which are applicable provisions of the law, retroactively as a result of the decision of unconstitutionality, has lost its effect.

Thus, 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.