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(영문) 서울중앙지방법원 2013.09.27 2013고단5309
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around August 6, 2004, at least 61 km point in Young-dong Highway Incheon, the Defendant violated the restriction on the operation of the vehicle by the road management agency by operating the freight loaded at the 5 axis of the above truck in excess of 11.01.t, the Defendant’s employees, in relation to the Defendant’s business, more than 10t of the limited storage weight of B truck owned by the Defendant.

2. In the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality on the portion that "if an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, and the part that 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 to the facts charged in this case by the public prosecutor, the Constitutional Court ruled that "if the agent, employee, or other worker of the corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article."

3. According to the conclusion, the facts charged in this case constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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