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(영문) 광주지방법원 순천지원 2017.11.02 2017고단1534

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Around February 21, 1997, the Defendant’s employees, who violated the restrictions on the operation of vehicles by operating the freight loaded at the fourth axis of C in excess of 11.4 tons of the limited 10 tons at the parallel 179km of the Cheongnam Highway located in the Dong-dong, Chungcheongnam-gu, Gwangju metropolitan branch office in Korea. The Gwangju metropolitan branch office violated the restrictions on the operation of vehicles by driving the freight loaded at the fourth axis of C in excess of 10 tons of the limited axis.

2. The part that "if an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 (Article 84 (1) 1 of the former Act) in Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which applies to the facts charged of the instant case, "if the agent, employee, or other worker of the corporation commits a violation under Article 83 (1) 2 (Article 84 (1) 1 of the former Act, a fine under the relevant Article shall also be imposed on the corporation," which is the legal entity that is subject to the application of the facts charged of the instant case, was declared unconstitutional by the Constitutional Court Order No. 2010Hun-Ga14,15,21,27,35,38,44,70 (Joint).

Thus, the facts charged of 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.