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(영문) 창원지방법원 통영지원 2014.06.25 2014고단154
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On June 24, 2005, at around 18:44, the Defendant, an employee of the Defendant, operated the said vehicle in a state where he was loaded with B’s cargo with the gross weight exceeding 46.61 tons at the Seosan Business Office of the Korea Highway Corporation, which was 18 kilometers in the Southern Sea, and thus violated the restriction on the operation of the vehicle by the road management authority.

2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005; and the summary order of KRW 700,000 was notified and finalized in this court.

However, after the above summary order became final and conclusive, Article 86 of the above Act provides that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation" shall be imposed on the Constitutional Court [the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 shall be imposed on the corporation]. The above provision of the above Act, which is applicable provisions of the facts charged, has retroactively lost its effect.

3. According to the conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly notified under Article 58(2) of

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