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(영문) 수원지방법원 성남지원 2013.03.19 2013고단308
도로법위반
Text

The defendant is innocent.

Reasons

1. On May 3, 2005, the Defendant: (a) his employee C was the driver of the freight vehicle; (b) around 22:00 on May 3, 200, at the Korea Highway Corporation located 8.6 kilometers in the area of the Kuman Expressway, in the Korea Highway Corporation, the Defendant violated the restriction on the operation of the vehicle by operating the said vehicle as loaded with freight exceeding 1.87 tons of the limitation 1.87 tons of the 2 livestock, while operating the said vehicle.

2. Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which applies to the facts charged in the instant case, (i) the Constitutional Court rendered a decision that “if an employee of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant provision shall be imposed on the corporation, as well as the corporation, in accordance with Article 86 of the said Act, is in violation of the Constitution (see Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010). Accordingly, the provision of the said Act retroactively loses its effect pursuant to the proviso of Article 47(2) of the Constitutional Court Act.

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

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