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(영문) 부산지방법원 동부지원 2019.10.30 2019고단1793
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around February 25, 2008, the summary of the facts charged in the instant case violated the restrictions on the operation of vehicles by road management authorities by loading and operating freight exceeding the total weight of the freight vehicles owned by the Defendant in excess of the total weight of the freight vehicles owned by the Defendant at the 261.3km in Seoul, Seoul, the direction of the main office of the Defendant, on February 25, 2008

2. The Constitutional Court ruled that Article 86 of the former Road Act (wholly amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008) which applies to the facts charged in this case by the prosecutor in the decision of July 30, 2009 that "if an agent, employee, or other worker of a corporation commits an offense as prescribed in Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be punished by a fine as provided in Article 83 (1) 2." The part of the above legal provision is retroactively invalidated in accordance with the main sentence of Article 47 (3) of the Constitutional Court Act.

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

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