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(영문) 의정부지방법원 2014.03.31 2013고단4429
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Although the Defendant should not operate more than 10 tons and a total weight of 40 tons per stock per stock, the Defendant, at around 22:50 on March 14, 1994, had A, as its business, carry more than 2.875 tons of B vehicles owned by the Defendant at the temporary autopsy of the 17th line located in the Taedong-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, and operated a gross weight of more than 18.75 tons.

2. The above facts charged fall under Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995). However, according to the decision of the Constitutional Court, the above part of Article 86 of the former Road Act as to "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, the above part of Article 86 of the former Road Act retroactively loses its effect, according to the decision of the Constitutional Court that "if an agent, employee, or other worker of the corporation commits a violation under Article 83(1)2 of the former Road Act

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

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