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(영문) 수원지방법원 성남지원 2013.08.21 2013고단1613

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On August 27, 1994, at around 11:06, the Defendant violated the restriction on vehicle operation by a road management authority by operating the vehicle in a state of 10.8 tons of weight 3, 10.8 tons of weight 10.8 tons and 11.1 ton of weight 4, in excess of 10 tons of restricted 13.2km at the South Korea Highway Corporation located in the 2nd Highway around 13.2km.

2. The prosecutor charged the facts charged in this case by applying Articles 86, 84 subparagraph 1, and 54 (1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995). The Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," in Article 86 of the same Act, that "if the agent, employee, or other worker of the corporation commits a violation under subparagraph 1 of Article 84, a fine under the relevant Article shall be imposed on the corporation," which is in violation of the Constitution (the Constitutional Court Order 2011Hun-Ga24, Dec. 29, 2011).

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.