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(영문) 서울중앙지방법원 2014.08.28 2014고단5610

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Around May 17, 200, around 01:33, the summary of the facts charged was in violation of the restriction on vehicle operation by the road management authority in relation to the Defendant’s business by loading and operating freight exceeding 12.7 tons of total weight of 10 tons on freight vehicles owned by the Defendant, at the branch of the Korea Highway Corporation 3.4 km in the direction of the new highway between New and Mangsan.

2. The Constitutional Court rendered a decision of unconstitutionality on the portion that "if an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the corresponding Article 47 (2) of the Constitutional Court Act." This portion of Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 2, 2005) applied to the facts charged in the instant case by a public prosecutor. 2010Hun-Ga14, 15, 21, 27, 35, 38, 444, 70 (merger)."

3. According to the conclusion, the facts charged in this case constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.