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(영문) 청주지방법원 2012.12.27 2012고단1469
도로법위반
Text

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. On November 18, 2002, when the Defendant, an employee of the Defendant, operated a large-scale B truck vehicle around 20:59 with respect to the Defendant’s business, the Defendant violated the restriction on the operation of the vehicle by the road management authority by operating the vehicle in a condition that it is loaded with freight exceeding 10 tons of de-measurement 11.1 ton of de-measurement 10 tons in front of the two places of business at the Korea Highway Corporation.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005) to the facts charged in the instant case. The Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 in relation to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," in Article 86 of the above Act, that "if the agent, employee, or other worker of the corporation commits a violation under Article 83(1)2, a fine under the relevant Article shall be imposed on the corporation, which is in violation of the Constitution (Article 2010Hun-Ga14,15,27,35,38,470, Oct. 28, 2010).

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, and the summary of the judgment against the defendant is publicly announced under Article 58 (2)

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