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(영문) 서울남부지방법원 2019.10.14 2019고단4522
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) on December 13, 1994, at around 04:18, the Defendant, an employee B, driving a C truck owned by the Defendant on the front side of the Gun's business office at the coastwise Highway 19.8 KND 19.8 KND 19:00 tons of the restricted axis, exceeding 10 tons of the restricted axis, and operated a truck while loaded with freight of 11.2 tons during the 3 livestock

2. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); “When an agent, employee or other worker of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation,” which is subject to the relevant facts charged, was determined as unconstitutional by the decision of the Constitutional Court Decision 2011Hun-Ga24, Dec. 29, 201; thus, the said provision became retroactively null and void.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of not guilty under the former part of Article 325 of the Criminal Procedure Act is rendered as per Disposition.

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