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(영문) 서울중앙지방법원 2015.06.24 2015고단2192
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around October 16, 2007, around 14:29, the Defendant violated the restriction on vehicle operation of the road management authority by operating the freight of 1.10t on the second axis in excess of 10t of the limitation on the weight loading of H trucks owned by the Defendant in relation to the Defendant’s work at the Incheon Highway located in Gyeyang-gu Incheon Metropolitan City, Incheon Highway located at 16.5km Branch Office of Incheon Highway.

2. As to the facts charged in the instant case, the prosecutor charged a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; the summary order against which the Defendant was sentenced to a fine of KRW 500,000 was notified and finalized.

However, after the above summary order became final and conclusive, Article 86 of the above Act provides that "where an agent, employee, or other servant of a corporation commits an offence provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the corresponding Article shall also be imposed on the corporation, which shall be imposed on the corporation, is in violation of the Constitution (Supreme Court Order 2008HunGa17 Decided July 30, 2009). The provision of the above Act, which is applicable mutatis mutandis to the facts charged, has retroactively lost its effect.

3. In conclusion, 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, and the summary of the judgment of the defendant is publicly notified under Article 440 of the Criminal Procedure Act, and it is so decided

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