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(영문) 대구지방법원 안동지원 2016.12.02 2016고단839

도로법위반

Text

1. The defendant is not guilty. 2. The summary of the judgment of this case shall be notified publicly.

Reasons

On May 26, 199, the summary of the facts charged was as follows: (a) B, who was employed by the Defendant, loaded the point soil on CKac Truck and operated as the D apartment construction site at Ischeon-si, and operated on May 26, 199 on May 18:29, 200, at the Regulation Station of Vehicles Regulation on Operation-Restricted Vehicles located in Gyeonggi-si, National Highway No. 37 on May 26, 199; (b) in order to preserve the structure of the road and prevent the danger of operation, even though the operation of a vehicle exceeding 10 tons, gross weight of 40 tons is restricted, 1.34 tons at the 4 livestock, and operated by more than 1.34 tons.

Judgment

Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 8976 of Mar. 21, 2008) which is applicable mutatis mutandis to the facts charged of this case, "where an agent, employee or other worker of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation," of the Constitutional Court's decision of unconstitutionality (see, e.g., Constitutional Court Order 2010Hun-Ga14, Oct. 14, 2010; 15, 21, 27, 27, 35, 38, 44, 70 (combined))."

Thus, since the facts charged in this case constitute a case that does not constitute a crime, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act and a summary of the judgment of innocence is publicly announced pursuant to Article 440