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(영문) 전주지방법원 군산지원 2019.04.30 2019고단147
도로법위반
Text

The defendant shall be innocent.

Reasons

1. At around 12:55 on July 13, 1999, B, an employee of the Defendant, with respect to the Defendant’s duties, loaded rice on a vehicle subject to restriction on operation of a national highway prior to the Ministry of Construction and Transportation located in the new arrangement of the Jinan-gun, Jin-gun, Jin-gun, and operated in excess of 1.12 tons from the 2 axis to the 10 tons of the stable, 40 tons of total weight and road structures, and 40 meters of the base of design pursuant to Article 4 of the Regulations on Standards for Facilities, the truck on the national highway where the passage of 4.0m of loading height is restricted pursuant to Article 4 of the Regulations on Standards for Facilities, in order to preserve the structure and prevent the danger of operation during the operation of the road from a river at the entrance.

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) to the facts charged in the instant case, but the Constitutional Court rendered a decision on Oct. 28, 2010 (amended by Act No. 2014, Oct. 14, 15, 2010; 21, 27, 35, 38, 34, and 70 (merged) of the former Road Act (amended by Act No. 832 of Oct. 28, 2010) 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, the corporation shall also be punished by a fine under the relevant provisions of Article 8

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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