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(영문) 대구지방법원 김천지원 2013.03.26 2013고단99
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a juristic person established for trucking transport business, etc., and an employee A, with respect to his duties, violated the restrictions on the operation of vehicles by the road management authority by allowing the vehicle operation of the 10 tons of more than 13.9 tons of the 3 livestock vehicles at the 3rd axis of the 13.9 tons of the 3 livestock vehicles at the 13:9 tons of the 161.5 kilometers of the 361.5 kilometers of the direction of the passage of the roads at the dong Seoul Metropolitan Office located on June 16, 2005.

2. The prosecutor charged the facts charged in this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), and the Constitutional Court made a decision that "where an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 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 above Act, "the provision that the relevant Article shall be imposed on the corporation, in violation of the Constitution (the Constitutional Court Order 2010Hun-Ga14,15,21,21,27,35,38,44,70 (merged) of the above provisions of the Act, which are applicable provisions of the law, retroactively as a result of the decision of unconstitutionality, has lost its effect.

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

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