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(영문) 의정부지방법원 2016.04.07 2016고단511
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Although B, an employee of the defendant, was a limited road where each of the c 15 tons of a dump trucks loaded with stone at around 10:30 on August 11, 1994 and the c 15 tons of a dump truck was carried out in front of the Don-gun of the Gyeonggi-gun Don-gun, and the cump of which cannot exceed 10 tons of a vehicle, the cump used more than 2.0 tons of a cump with 12.0 tons of more than 2.0 tons and more than 2.0 tons of a cump during the cump. 12.0 tons, the defendant neglected to provide guidance and supervision to prevent such a violation.

2. The prosecutor of the judgment applied Articles 86, 84 subparagraph 1, and 54 (1) of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) to summary indictment as to the facts charged of this case, and applied Articles 86, 84 subparagraph 1, and 54 (1) of the same Act. The summary order issued by this court to the defendant on April 26, 1995 is the same year.

5. 17. The decision was finalized as is.

On December 29, 2011, Article 86 of the above Act provides that "if an employee or any other employee of a corporation commits an act in violation of Article 84 (1) in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation," the Constitutional Court decided that the provision that "if such employee or any other employee of the corporation commits an act in violation of Article 84 (1) 1 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article (Supreme Court Order 2011Hun-Ga24 Decided December 29, 201). According to the

3. Conclusion, the facts charged in the instant case constitute a crime not committed.

In accordance with the former part of Article 325 of the Criminal Procedure Act, it is decided as per Disposition that the defendant shall be acquitted.

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