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(영문) 광주지방법원 순천지원 2017.08.23 2017고단1547

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a corporation established for the purpose of transportation business, etc., and the defendant's employee B, around 04:15 July 28, 1995, violated the defendant's duty by loading and operating freight of 11.3 tons on the 4 axis of the above vehicle in excess of 10 tons of the restricted storage at the front of the business establishment of the Masan Road on the Southern Highway and the Korea Highway along the Highway. < Amended by Presidential Decree No. 14873, Jul. 28, 1995>

2. As to the facts charged of this case, the prosecutor charged a public action by applying Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), and the summary order of KRW 500,000 was notified and finalized in this court.

If an agent, employee or other worker of a corporation commits an offense under the provisions of Article 83 (1) 2 in relation to the corporation's business on October 28, 2010, the Constitutional Court has issued the above summary order on October 28, 2010.

“The Constitutional Court rendered a decision of unconstitutionality on the part of the Constitutional Court [2010 Hun-Ga, 14, 15, 21, 27, 35, 38, 44, 70 Hun-Ga, 200 Hun-Ga, 14, 200 Hun-Ga, 20 Hun-Ga, 35, 38, 44, 70 Hun-Ga]

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