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(영문) 의정부지방법원 2014.05.26 2014고단1022
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, as the owner of treatment 8.5 tons car truck, he had D, a driver of the said vehicle, loaded freight of at least 1.3 tons on the 2 axis of the said vehicle at the Gu Ri office in the direction of the steering fraternity at the point of 20:46 kilometers from January 15, 201, and operated in excess of 1.3 tons.

2. The above facts charged constitute Article 86, Article 83(1)2, and Article 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005). However, according to the decision of the Constitutional Court by the Constitutional Court on Article 86 of the former Road Act, the above part of Article 86 of the former Road Act, "if an agent, employee, or other worker of a corporation commits an offense as prescribed in Article 83(1)2 of the former Road Act with respect to the business of the corporation, a fine as prescribed in the corresponding Article shall also be imposed on the corporation, is retroactively invalidated."

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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