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(영문) 수원지방법원 안산지원 2017.12.14 2017고단3242
도로법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case is that A, the Defendant’s charged, violated the restrictions on vehicle operation by running a vehicle (B) loaded with freight of 11.2 tons at the 2 axis of the said vehicle, in excess of 10 tons of the statutory limit at the business office located 18 km away from the south-do-ro 18km at around November 24, 2004, the south-do-ro 18km from the south-do-ro 2 Highway.

2. In the case where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 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 a legal provision applicable to the facts charged of this case, and Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), a fine under the relevant provision shall also be imposed on the corporation.

Article 47(3) of the Constitutional Court Act provides that “The portion of the charge in this case shall be retroactively invalidated pursuant to the Constitutional Court’s decision of unconstitutionality [see Constitutional Court Decision 2010Hun-Ga, 14, 15, 21, 27, 35, 38, 44, 70 (Joint)] (see Constitutional Court Decision 14, 15, 21, 27, 35, 38, 44, 70 (Joint)]. Thus, since the charge in this case is not a crime, the charge in this case shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence shall be published pursuant to Article 440 of the Criminal Procedure Act,

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