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(영문) 제주지방법원 2014.06.16 2014고단603
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On March 17, 1998, at around 17:21, the Defendant violated the restriction on vehicle operation of the road management agency by operating the 12.2 tons of more than 10 tons of the limited cwn of the C freight owned by the Defendant on the road front of the 16th line of the national highway located in the Songju-gun, Jeju-gun, Jeju-gun, Jeju-gun, the Do Office, in relation to the Defendant’s duties, as well as the 12.8 tons of more than 10 tons of the limited cwn of the C freight owned by the Defendant.

2. In the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010, the Constitutional Court ruled 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 said corporation shall be punished by a fine under Article 83 (2) of the Constitutional Court Act, and thereby, 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) applied to the facts charged in this case by the public prosecutor, the said provision of the Act retroactively loses its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act."

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

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