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(영문) 부산지방법원 동부지원 2018.08.22 2018고단1505

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. On February 8, 2001, the Defendant violated the restriction on the operation of vehicles of the road management agency by loading and operating freight exceeding the limit of the freight vehicles owned by the Defendant in relation to the Defendant’s business at the prior location of urban gas located in Nam-gu, Namcheon-gu, Busan, and thus, the Defendant violated the restriction on the operation of the vehicle by the Defendant’s employees.

B. On February 27, 2001, the Defendant violated the restriction on the operation of the vehicle of the road management agency by loading and operating the freight exceeding the total weight of the freight vehicles owned by the Defendant in relation to the Defendant’s business, on the front of the shooting distance in the New-gu, Daegu-gu, Daegu-gu, Daegu-gu., the Defendant violated the restriction on the operation of the vehicle by the Defendant’s employees.

C. On May 25, 2001, at around 22:45, the Defendant violated the restriction on the operation of vehicles of the road management agency by loading and operating freight in excess of the limitation on the size and total weight of the freight vehicle owned by the Defendant with respect to the Defendant’s business, in front of the inspection station in the Jinhae Sea located on the 2nd line located on the national highway located on the 2nd line located on the national highway located on the national highway located on the Danhae-dong.

2. The Constitutional Court Decision 2010Hun-Ga, 14, 15, 21, 27, 35, 38, 44, 70 (merger) decided October 28, 2010, applied by a prosecutor to the facts charged in the instant case (amended by Act No. 4920 of January 5, 1995, and was amended by Act No. 7832 of December 30, 2005) in Article 86 of the former Road Act (amended by Act No. 7832 of December 30, 2005), “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 relevant Article.

“The Court rendered a decision of unconstitutionality that the part is in violation of the Constitution, and thereby, the above provision of the law was retroactively invalidated in accordance with the main sentence of Article 47(3) of the Constitutional Court Act.

Thus, the facts charged of this case constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.