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(영문) 수원지방법원 2017.06.19 2017고단3610
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was driven by A, who is his employee.

B 11 ton Round drivers and corporations established for the purpose of transportation business.

A, on April 8, 1994, around 10:25, around 10 tons of more than 10 tons of a 10-ton vehicle and a total of more than 40 tons of a 40-ton vehicle, the second degree of Hongcheon-gun, Hongcheon-gun, the road for rearrangement of steel tracks 44, which is a road restricting the operation of more than a total of 40 tons, requested A to submit a loading network measurement and related documents to verify whether the said vehicle is in violation of the restriction on operation, and C, etc. on duty while on operation, did not comply with it without any special reason.

The defendant has caused A to commit a violation with respect to his duties.

2. In the case where an agent, employee or other worker of a juristic person commits an offense under Article 84 subparagraph 2 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995), Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995), the prosecutor of the judgment shall also be punished by a fine under the corresponding Article.

“The part” was applied.

In this regard, the corresponding part of the above provision of the law was ruled to be unconstitutional in 18 Constitutional Court Decision 2012Hun-Ga, October 25, 2012 and retroactively invalidated.

3. Accordingly, inasmuch as the instant facts charged do not constitute a crime, a judgment of innocence shall be rendered in accordance with the former part of Article 325 of the Criminal Procedure Act.

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