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(영문) 의정부지방법원 2016.03.22 2015고단4823
도로교통법위반
Text

The defendant shall be innocent.

Reasons

1. On August 5, 1993, the summary of the facts charged, B, an employee of the defendant, loaded a brick on the Guri-si, Guri-si, and 26.8 kilometers from the 26.0km point of the flag of the parallel parallel on the expressway between the flag and the flag, with a view to around 08:51 on August 5, 1993, at the point of 26.8 kilometers of the flag, and with a view to 4.7 tons, 1.7 tons, 2 tons of the flag, 11.2 tons of the flag, 3 tons of the flag, 26.2 tons of the total weight of 10.3 tons of the flag, and loaded more than 1.2 tons of the flag on the road. The defendant was negligent in giving instructions and supervision to prevent such violation.

2. The prosecutor of the judgment applied Articles 86, 84 subparagraph 1, and 54 (1) of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) to summary indictment as to the facts charged of this case, and applied Articles 86, 84 subparagraph 1, and 54 (1) of the former Road Act. The summary order issued by this court to the defendant on Jan. 31, 1994 is the same year.

5. 3. The decision was finalized as is.

On December 29, 2011, Article 86 of the above Act provides that "if an employee or any other employee of a corporation commits an act in violation of Article 84 (1) in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation," the Constitutional Court decided that the provision that "if such employee or any other employee of the corporation commits an act in violation of Article 84 (1) 1 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article (Supreme Court Order 2011Hun-Ga24 Decided December 29, 201). According to the

3. Conclusion, the facts charged in the instant case constitute a crime not committed.

In accordance with the former part of Article 325 of the Criminal Procedure Act, it is decided as per Disposition that the defendant shall be acquitted.

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