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(영문) 청주지방법원 2012.12.27 2012고단1280

도로법위반

Text

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. On April 13, 200, the Defendant, an employee of the Defendant, operated a vehicle with a large freight B around 13:10 on the part of the Defendant’s business, in excess of 10 tons of the weight limit at a new-Annsan Highway sub-road, and operated a vehicle with a 11.1 ton of cargo loaded at the 4 livestock, thereby violating the restriction on the operation of the vehicle by the road management authority.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005) to the facts charged in the instant case. The Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 in relation to 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, that "the provision of the above facts charged, which is the applicable provisions of the Act, shall be retroactively invalidated."

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, and the summary of the judgment against the defendant is publicly announced under Article 58 (2)