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(영문) 대전지방법원 2017.05.19 2017고단68
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a dump truck owner, and C is a dump truck driver.

C On December 21, 1993, around 08:25 on the part of the defendant's business, he loaded and operated the cargo of 11.6 tons and 11.2 tons on the 3 axis, even though he was not able to load and operate the cargo of 10 tons or more per axis in the control inspection station in the direction of an excessive vehicle located in the direction of the spack-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun.

2. The judgment prosecutor instituted a public action by applying Article 86 and subparagraph 1 of Article 84 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995). However, when an agent, employee or other worker of a corporation commits a violation under Article 84 subparagraph 1 of the said Act in relation to the business of the corporation, the juristic person shall also be punished by a fine under the said Article.

“The portion of the Constitutional Court Decision 2011 Constitutional Court Order 2011Hun-Ga, dated December 29, 201, retroactively lost its effect.

Therefore, the facts charged of 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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