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(영문) 대전지방법원 홍성지원 2017.11.01 2017고단566
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around November 6, 1996, the Defendant violated the restriction on vehicle operation by loading freight of 11.15 tons at the 5 stable, 11.15 tons at the 5 axis, and gross weight of 48.94 tons at the 10.40 tons at the 2 axis, 10.24 tons at the 3 axis, 11.40 tons at the 4 axis, 11.15 tons at the 5 axis, and 48.94 tons at the 48.94 tons in total, on the road of the Dong-gu Incheon Metropolitan City.

2. 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), which applies to the facts charged of this case, "where 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, a fine under the relevant Article shall be imposed on the corporation," which is subject to the decision of unconstitutionality of the Constitutional Court (see Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (Joint)).

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

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