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(영문) 서울중앙지방법원 2017.11.17 2017고단7237

도로법위반

Text

The defendant shall be innocent.

Reasons

The facts charged of this case are as follows: C, an employee of the Defendant, violated the restriction on the operation of vehicles of the Road Management Agency by loading and operating freight exceeding 10.8 tons of 11.8 tons of the D Cargo on the roads in front of the 70.1 kilometer of the 70.1 kilometer of the D Freight D Freight at the 70.1 kilometer of the D Freight D Freight at the location of the 70.1 kilometer of the D Freight D Freight, in connection with the Defendant’s business.

With regard to this, the prosecutor filed a public prosecution by applying Article 86 and Article 83 subparagraph 2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005).

In this regard, on October 28, 2010, the Constitutional Court rendered a decision that "if an employee or any other employee of a corporation commits an act in violation of Article 83 (1) 2 in connection with the business of the corporation, a fine under the same Article shall also be imposed on the corporation (the Constitutional Court Order 2010Hun-Ga38 delivered on the Constitutional Court Order) that "The above provision of the law is retroactively null and void in accordance with the above decision of unconstitutionality."

Thus, the facts charged of 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.

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