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(영문) 의정부지방법원 2015.10.16 2015고단2470
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On February 24, 199, around 17:21 on February 24, 1999, A, an employee of the Defendant of the facts charged of the instant case, operated a cargo loaded with freight exceeding 1.3 tons in excess of a limited weight of 1.3 tons on the 2 axis of B truck on the south-gu Automatic Automatic National Highway 7 at port, and violated the road management authority’s restriction on vehicle operation.

2. Of the applicable provisions of the facts charged in this case, Article 86 of the former Road Act, which is a joint penal provision, "where an employee of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation." The Constitutional Court rendered a judgment of unconstitutionality that the pertinent provision of the Act is unconstitutional, such as Supreme Court Decision 2010HunGa14 Decided October 28, 2010, and accordingly, the aforementioned provision of the Act

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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