beta
(영문) 의정부지방법원 2017.01.24 2016고단5525

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On April 29, 1996, at around 17:08, the Defendant, the user of the charge, loaded and operated a vehicle exceeding 10 tons per each axis in order to preserve the structure of the road and prevent traffic on the line at the 325 line of the Ycheon-gun, Seocheon-gun, Gyeonggi-do Do Do 325, on April 29, 199, the Defendant, despite the fact that he was unable to load more than 10 tons of the vehicle on the 3 stable, 5.3 tons of the 4 stable, 5.9 tons of the 4 stable, and the total weight exceeding 9.1 tons.

2. The former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 7832 of December 30, 2005) Article 86, which applies the law of the facts charged of this case, provides that when an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article.

"The part of the Constitutional Court, on October 28, 2010, rendered a decision of unconstitutionality that the Constitutional Court 2010 Constitutional Court decided that the 38th decision violated the Constitution. Accordingly, the above provision of the law was retroactively invalidated.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

참조조문