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(영문) 서울남부지방법원 2014.08.27 2014재고단7
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged of this case is that at around 19:58 on October 24, 2005, A, an employee of the defendant, loaded cargo exceeding 60.65 tons of gross weight on the above vehicle at the mobile inspection station of Maamri National Highway No. 42 on October 24, 2005, in excess of 40 tons on the above vehicle, and in excess of 10 tons on the 2, 16.55 tons during the 3, 14.95 tons during the 3, 10.40 tons of gross weight during the 4, 10.40 tons of gross weight during the 4, 10.40 tons of gross weight during the 4,000 gross weight during the 4,000 gross weight during the 4,000 gross weight during the 4,000 gross weight during the 4,000 gross weight during the 4,015 gross weight during the 216.5 tons of the above vehicle.

2. On March 23, 2010, this Court sentenced the Defendant to a fine of KRW 2 million by this Court Decision No. 2010,500,000, which became final and conclusive thereafter.

However, after the above judgment became final and conclusive, the Constitutional Court rendered a decision that if an employee of a corporation commits an excessive violation in connection with the business of the corporation, the portion of the fine for negligence should be imposed on the corporation in violation of the Constitution, and according to the above decision, the above provision of the Act, which is the applicable law to the facts charged, was retroactively invalidated.

3. In conclusion, 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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