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(영문) 전주지방법원 군산지원 2019.04.30 2019고단179
도로법위반
Text

The defendant shall be innocent.

Reasons

1. At around 04:04 on July 22, 2000, B, an employee of the Defendant, had the Defendant loaded the primary tin on C Truck at the Dong-gu branch office of the Seoul Highway Corporation, and loaded 11.6 tons during the operation in the direction of the walcheon in the following mountain, while driving the C Truck in the direction of the walcheon in the 4th axis, exceeding 1.6 tons.

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) to the facts charged in the instant case, but the Constitutional Court rendered a decision on Oct. 28, 2010 (amended by Act No. 2014, Oct. 14, 15, 2010; 21, 27, 35, 38, 34, and 70 (merged) of the former Road Act (amended by Act No. 832 of Oct. 28, 2010) that "where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant provisions of Article 8

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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