beta
(영문) 서울남부지방법원 2016.06.30 2016고단2468

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case is that the Defendant is a juristic person running the freight transport business. Around September 18, 1993, at around 17:54, in relation to the Defendant’s business, C, who is an employee of the Defendant, was driving the D Cargo Track at a point of 359.5 km on the upper right of the D Cargo Track, and violated the provisions on restrictions on the operation of vehicles by loading and operating the freight exceeding 10 metric tons on the 2 axis of the limited axis.

Therefore, the facts charged are the crimes under Article 86, Article 84 subparagraph 1, and Article 54 (1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jun. 1, 1993; Act No. 4920, Jan. 5, 1995); and Article 86 of the former Road Act is the crimes under Article 86 of the former Road Act; the Constitutional Court decided that Article 2011 Hun-Ga was unconstitutional by decision No. 24, Dec. 29, 201. Accordingly, the above punishment provision was retroactively invalidated pursuant to Article 47 (2) of the former Constitutional Court Act (amended by Act No. 12597, May 20, 2014).

Therefore, the facts charged in this case should not be a crime.

Therefore, the defendant is acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.