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(영문) 대전지방법원 2020.05.01 2020고단885
도로법위반
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is that the Defendant owns B vehicle, and C is the driver of the above vehicle.

C around 16:05 on October 20, 2003, around 16:05, the branch office of the Korea Highway Corporation at a point of 138.5 km away from the 138.5 km point on the south Sea Highway, which was in violation of the restriction on the operation of vehicles by loading freight of 11.26 tons on the 4-scale of the above vehicle and operating the above vehicle, even though it was not operated in excess of 10 tons of the restriction on the said vehicle.

The defendant, at the above date and place, C, an employee of the defendant, committed the above violation in relation to the defendant's business.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the aforementioned facts charged, provides that "where an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant provision shall be imposed on the corporation," the relevant provision shall also be imposed on the corporation, which is subject to the decision of unconstitutionality of the Constitutional Court (see Constitutional Court Order 201Hun-Ga20, 21 (merger) of Dec. 29, 201)."

Thus, since the facts charged in this case do not constitute a crime, it is judged not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act, and it is decided as per Disposition by publicly announcing the summary of the judgment of the defendant pursuant to the main sentence of Article 440

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