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(영문) 부산지방법원 동부지원 2018.06.07 2018고단817

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is as follows: (a) around October 10, 1993, the Defendant’s employee, while driving the freight B, operated the freight with the gross weight of more than 4.7 tons in excess of the gross weight of more than 4.7 tons in front of the location of the expressway in the Southern Sea; (b) around October 22:30 on October 12, 1993, the gross weight of the restricted weight exceeds 5.2 tons and the limited weight of the total weight exceeding 0.4 tons in front of the location of the expressway in the South Sea and South Sea.

2. Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) which applies by the judgment prosecutor to the facts charged of this case, where a representative, employee or other worker of a juristic person commits a violation under Article 84 subparagraph 1 of the Act, the juristic person shall also be fined under the corresponding Article.

“The portion “” was determined as unconstitutional by the Constitutional Court Decision 2011Hun-Ga24 Decided December 29, 201, and became retroactively null and void.

Thus, the facts charged of 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.