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(영문) 수원지방법원 2018.03.20 2018고단1072
도로법위반
Text

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

Reasons

1. On March 9, 2006, when a private driver of the vehicle under the charge of the defendant's driving of the vehicle exceeding 40 tons in gross weight, 10 tons in a stable, 4.2 meters in height, 2.5 meters in width, and 16.7 meters in length, he/she loaded a digging gun on the above drilling and loaded it on April 13.6 tons, 5 tons, 12.7 tons in total, 47.45 tons in total weight, in order to preserve the structure of the road and prevent risks of traffic.

2. The former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) which applies to the facts charged of this case, where a representative, employee, or other worker of a corporation commits a violation under Article 84 subparagraph 1 of the same Article in relation to the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation.

Article 47(3) of the Constitutional Court Act provides that “The portion of the charges in this case shall be retroactively invalidated pursuant to the Constitutional Court’s unconstitutional decision (see Constitutional Court Decision 2011Hun-Ga24, Dec. 29, 201) (see Constitutional Court Decision 2011Hun-Ga3, Dec. 29, 201). Therefore, since the facts charged in this case are not a crime, the charges in this case shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the verdict of innocence shall be published pursuant to Article 440 of the Criminal Procedure Act.

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