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(영문) 의정부지방법원 2015.06.24 2015고단1502
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around 13:45 on July 25, 2000, the Defendant’s employee of the instant charges violated the restriction on the operation of vehicles by the road management authority with respect to the Defendant’s business by operating D vehicle at the 2nd ton of the D vehicle at the 2nd ton, 11.1 ton, and 12 ton at the 3rd ton of the D vehicle at the 2nd E

2. Of the applicable provisions of the facts charged in this case, Article 86 of the former Road Act, which is a joint penal provision, “where an employee of a corporation commits an offense provided for in Article 83(1)2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation.” The Constitutional Court rendered a judgment of unconstitutionality that the pertinent provision of the same Act is unconstitutional on October 28, 2010. Accordingly, the aforementioned provision of the same Act was retroactively invalidated.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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