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(영문) 창원지방법원 2014.04.21 2014고단473
도로법위반
Text

The defendant is innocent.

Reasons

1. Summary of the facts charged

A. On September 14, 2004, at around 13:02, the Defendant violated the restriction on vehicle operation of the road management agency by loading and operating B tea truck owned by the Defendant in excess of 10 tons of limited axiss, on the part of the Defendant’s employees, at least 11.10 tons of waste iron on the 2nd axis.

B. On February 13, 2003, the Defendant violated the restriction on the operation of vehicles of the road management agency by loading and operating the freight of 12.195 tons exceeding 10 tons of the limitation 10 tons of the freight vehicles owned by the Defendant in relation to the Defendant’s work at the Gunpo Road located in the Korea Highway Corporation located in the Gunpo Road located in Sipo-dong 782, Sipo-dong, 13, 2003, in front of the Gunpo-dong branch office of the Korea Highway Corporation.

2. Under Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Oct. 28, 2010; 2010Hun-Ga14, Oct. 14, 15, 2010; 2010Hun-Ga21, 21, 27, 35, 38, 44, 70 (merger) the Constitutional Court rendered a decision that "where an agent, employee, or other employee of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the portion of the said provision of the Act retroactively loses its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act.

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

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