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(영문) 대전지방법원 천안지원 2015.06.26 2015고단148
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On January 23, 2008, the Defendant, as his employee, violated the restriction on the operation of a vehicle of a road management authority by operating a DNA truck in the condition that it is loaded with freight of 11.65 tons in the 2 axis in excess of 10 tons of the amount of de facto measurement at the examination room for the crackdown on the vehicle located in the two sides of the two sides of the two sides of the death of Ansan-si, the two sides of the two sides of the two roads of the two sides of the two roads of the two roads of the

2. The prosecutor charged a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008) to the above facts charged.

However, in Article 86 of the Road Act, the Constitutional Court rendered a decision that "if an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding provision of the Road Act" (the Constitutional Court Order 2008HunGa17, Jul. 30, 2009) that the provision of the above Act, which is the applicable provision of the facts charged, retroactively lost its effect.

3. If so, the above facts charged constitute a crime and thus, a judgment of not guilty is rendered in accordance with the former part of Article 325 of the Criminal Procedure Act.

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