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(영문) 서울중앙지방법원 2019.09.18 2019고단3807
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On October 10, 1994, at least 10:45 on October 10, 1994, C, an employee of the Defendant, was driving a D vehicle owned by the Defendant and loaded freight of more than 12.35t on the 2 axis of the said vehicle in excess of 10t of the limited 10t of the 826 Do road in front of the Do road moving Control Inspection Station in front of the Do road.

2. The Supreme Court Decision 201Hun-Ga24 Decided December 29, 201, rendered that Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995) provides that “if an agent, employee, or other employee of a corporation commits an offense under Article 84 (1) with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, as well.” As such, the part of Article 47 (2) of the former Constitutional Court Act, which applies to the facts charged, has become null and void retroactively pursuant to the proviso to Article 47 (2) of the former Constitutional Court Act (Amended by Act No. 12597, May 2

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

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