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(영문) 서울중앙지방법원 2015.03.19 2015고단76

도로법위반

Text

The defendant shall be innocent.

Reasons

On April 30, 1994, at a point of 08:34m of Young-dong Highway 73.5km, the Defendant violated the restrictions on vehicle operation of the road management agency by driving the Defendant’s employee B, in excess of 10 tons of the 11.3 tons of the 3 tons of the 11.0 tons of the 3 tons of the 11.0 tons of the 11.0 tons of the 3 tons of the 1994 load.

Judgment

Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995) which applies to the facts charged in this case by a public prosecutor, the Constitutional Court rendered a decision that "if an agent, employee or other worker of a corporation commits an offense under Article 84 (1) in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," and thereby, Article 47 (3) of the Constitutional Court Act (amended by Act No. 4920, Dec. 29, 201) provides that "if the agent, employee or other worker of the corporation commits an offense under Article

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

(No public notice of judgment of innocence shall be given in accordance with the proviso of Article 58(2) of the Criminal Act).