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(영문) 대전지방법원 2013.11.27 2013고단4074
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of a vehicle A, and the Defendant’s employee B violated the restrictions on the operation of the road management authority by operating the above vehicle as loaded with freight exceeding the limit weight on each of the above vehicles, at the Gun's establishment of a Gun's establishment of a 10 kilometer-dong line around May 14, 2003, at around 12:44 June 10, 2003, at the south Sea Line 160.5 kilometers-do, the south Sea Line 160.5 kilometers-do, on July 21, 2003, at the Mag-do establishment of a 160.5 kilometers-do, the south Sea Line 160.5 kilometers-do, and around 02:34, the Defendant violated the restrictions on the operation of

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) to the above facts charged, and the court issued a summary order of KRW 2,00,000 to the defendant as of Oct. 2, 2003 and the above summary order became final and conclusive after being notified to the defendant at that time, but the defendant filed a request for review of the above summary order on the ground that the decision of unconstitutionality has become final and conclusive.

On October 28, 2010, the Constitutional Court rendered a decision 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 the corresponding Article shall also be imposed on the corporation." On the part of Article 86 of the above Act, the Constitutional Court rendered a decision that the above provision of the law shall be unconstitutional. In accordance with the decision of unconstitutionality, the above provision of the law shall retroactively lose its effect.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by the judgment of not guilty against the defendant under the former part of Article 325 of the Criminal Procedure Act.

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