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(영문) 창원지방법원 2014.04.21 2014고단470

도로법위반

Text

The defendant is innocent.

Reasons

1. Summary of the facts charged

A. On July 31, 2001, the Defendant violated the restriction on vehicle operation of the road management agency by loading and operating freight of 28.5 tons in excess of 10 tons of the restricted axis, at a point of 4 km in the Gopo-Mapo Line 07:22 on July 31, 2001, A, an employee of the Defendant, in relation to the Defendant’s business.

B. On September 29, 199, the Defendant violated the restriction on vehicle operation of the road management agency by loading and operating a 11.3 tons of freight exceeding 10 tons of D8.5 tons of truck owned by the Defendant in relation to the Defendant’s business at the Busan branch of Busan branch of Busan branch of 423.5km, which was around 20:38 on September 29, 199, in excess of 10 tons of the restricted axis.

2. Under Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Oct. 28, 2010; 2010Hun-Ga14, Oct. 14, 15, 2010; 2010Hun-Ga21, 21, 27, 35, 38, 44, 70 (merger) the Constitutional Court rendered a decision that "where an agent, employee, or other employee of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the portion of the said provision of the Act retroactively loses its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act.

Thus, since each of the facts charged in this case constitutes a case that does not constitute a crime, all of the defendants are acquitted under the former part of Article 325 of the Criminal Procedure Act.