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(영문) 서울동부지방법원 2014.01.27 2013고단3155
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On September 10, 199, at around 02:58 on September 10, 199, the Defendant, an employee of the Defendant, loaded regular cargo, such as clothing, etc. of 12.6 tons, on the second axis of the 12.5km truck at the direction of the Seoul Southern Highway, and operated on September 10, 199, and violated the restriction on vehicle operation.

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 is the applicable provisions of the facts charged in the instant case, "where an agent, employee, or other worker of a corporation commits an offense 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 the Constitutional Court Order 2010Hun-Ga38 of Oct. 28, 2010, the said provision of the Act retroactively lost its effect.

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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