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(영문) 서울남부지방법원 2017.05.17 2017고단1446
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the charges of summary order against the defendant is that A, an employee of the defendant, violated the restrictions on the operation of the Road Management Agency in relation to the defendant's duties by operating a B truck with freight of more than 12.8 tons in excess of 10 tons out of the restricted axiss in front of the Busan Metropolitan City's business office, located at a point of 423.5 km on September 1, 1996, located in the border road of Busan Metropolitan City.

However, 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) which served as the basis of the punishment of this case where an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the Act in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article.

“Inasmuch as the part of the Constitutional Court’s decision of unconstitutionality has lost its effect (the Constitutional Court 2010Hun-Ga38, Oct. 28, 2010). It is so decided as per Disposition by the assent of all participating Justices on the Defendant’s acquittal pursuant to the former part of Article 325 of the Criminal Procedure Act.

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