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(영문) 수원지방법원 2018.09.06 2018고단4306
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On September 10, 1993, A, the user of the defendant, was driving a B B 11t car and operated on September 10, 1993, in violation of the restriction on the operation of the vehicle of the road management agency in relation to the defendant's business by loading the freight of 10.3t on the 2 axis of the above 11.1t on the 3 axis and loading it over 0.3t, 1.1t on the 3 axis, and operating it on the 2 axis.

2. The former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; hereinafter “former Road Act”) which is a legal provision applicable to the facts charged of this case, and Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; hereinafter “former Road Act”), which is a legal provision applicable to the facts charged of this case, where an agent, employee, or other employee of a corporation commits an offense under Article 84 subparagraph 1

“The portion was retroactively invalidated by the Constitutional Court’s decision of unconstitutionality (Supreme Court Decision 2011Hun-Ga24 Decided December 29, 201) pursuant to the Constitutional Court’s decision of unconstitutionality.

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

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