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(영문) 의정부지방법원 2015.10.21 2015고단3451
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Although the Defendant, as the owner of A18 tons car truck and driver, etc. were required to thoroughly conduct culture and supervision to prevent excessive operation, the Defendant neglected to load the above vehicle in excess of 10 tons out of a stable, despite having been negligent in operating the said vehicle in excess of 10 tons, the Defendant, on December 29, 1994, on the fourth line of the National Maamri National Road in the Maamri-gun, distributed at around 03:50 on December 29, 1994, 10.2 tons, 11.6 tons, 11.5 tons, 11.5 tons of the above vehicle on the fourth line of the Maamri National Road in the Maamri-gun, and loaded at 0.2 tons, 3 tons, 1.6 tons, and 1.5 tons of the 4 livestock.

2. The prosecutor of the judgment applied Article 86, Article 84 subparagraph 1, and Article 54 (1) of the former Road Act (amended by Act No. 4545 of March 10, 1993, and amended by Act No. 4920 of January 5, 1995) to the above facts charged and the summary order against the defendant was finalized.

After that, the Constitutional Court rendered a decision that "if an employee of a juristic person commits an offense under Article 84 (1) in connection with the business of the juristic person, a fine under the relevant Article shall also be imposed on the juristic person," in Article 86 of the above Act (the Constitutional Court Order 2011Hun-Ga24 Decided December 29, 201) that "the above provision of the law, which is the applicable provisions of the facts charged, retroactively loses its effect, according to the decision of unconstitutionality."

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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