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(영문) 의정부지방법원 2014.09.18 2014고단427
도로법위반
Text

The defendant shall be innocent.

Reasons

1. A summary of the facts charged is a legal entity that aims at trucking transport business. Around April 22, 2004, at around 21:09, F, an employee of the Defendant, driving a G 18 tons truck with respect to the Defendant’s business and violated the restrictions on the operation of vehicles by a road management authority by carrying a container of 2.9 meters in width and 19.16 meters in height on the said vehicle in excess of 2.5 meters in width and 16.7 meters in diameter from the superior officers of the Gamari-gun, Giju-gun, Kiju-gun, Kiju-gun, the Ministry of Construction and Transportation

2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 that "if 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 Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution." Accordingly, 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) applied by the public prosecutor to the facts charged in the case of this case is retroactively invalidated pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.

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