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(영문) 대구지방법원김천지원 2020.08.10 2020고단366
도로법위반
Text

The defendant shall be innocent.

Reasons

1. A summary of the facts charged at around 17:51 on November 14, 2002, the Defendant’s employees B operated the 11.5 tons under the 4 axis of C vehicle at a tent located at the Busan 342.7km in the direction of Busan, for the purpose of maintaining the structure of roads and ensuring the traffic safety.

As a result, the defendant, who is his employee, committed a violation in relation to the defendant's business.

2. The part of 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, where an agent, employee, or other worker of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, the relevant fine provided for in the relevant Article shall also be imposed on the corporation.) which is applicable mutatis mutandis to the above facts charged, as to the decision of unconstitutionality on Oct. 28, 2010 (the Constitutional Court Decision 2010Hun-Ga14,15, 21, 21, 27, 35, 38, 44, 70 (merged)) which is applicable mutatis mutandis to the above facts charged.

Thus, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by deciding not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.

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