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(영문) 수원지방법원 안산지원 2017.09.19 2017고단2247
도로법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

On August 9, 2007, A, who is an employee of the defendant, violated the restrictions on the operation of vehicles of the Road Management Agency by carrying steel products at the 113 km point in the Gyeong line Seoul Metropolitan City, the 113 km point in the Gyeong line, and the roads from the Posi to Seoul Metropolitan City, which are the Seoul Metropolitan Government, are not operated when more than 10 tons exceed 39 tons during the axis, although it is not operated when more than 10 tons exceed 10 tons during the axis, it violated the restrictions on the operation of vehicles of the 3 axis.

Judgment

However, if an agent, employee, or other worker of a legal entity commits an offense under Article 83 (1) 2 in Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008), which is the legal provision applicable to the facts charged of this case, (i) the Constitutional Court shall also be punished by a fine under the corresponding Article.

“The part of the Constitution was decided to be in violation of the Constitution, and thereby the above provision of the law was retroactively invalidated by the proviso of Article 47(2) of the Constitutional Court Act.

Thus, since the facts charged in this case constitute a case that does not constitute a crime, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is publicly announced pursuant to Article 440 of the Criminal Procedure Act.

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