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(영문) 서울중앙지방법원 2013.07.18 2013고단3350
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around July 30, 1993: (a) around 23:18, the Defendant’s employees B’s employees violated the restriction on vehicle operation of the road management authority in excess of 1.4 tons by carrying and operating freight exceeding 10 tons of the 10 tons of the 11.4 tons of the 10 tons of the c truck restriction axis owned by the Defendant in relation to the Defendant’s duties at the upstream line of 57.8km at the designated bus business office of the Korea Highway; and (b) in relation to the Defendant’s duties, the Defendant’s employees violated the restriction on vehicle operation (10 tons).

2. As to the facts charged in this case, a public prosecutor has instituted a public prosecution by applying Article 86 and Article 83 (1) 2 of the former Road Act, and the Constitutional Court rendered a decision that "if an agent, employee or other worker of a corporation commits an act of violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the pertinent Article shall be imposed on the corporation," which is in violation of the Constitution (the Constitutional Court Order 2008HunGa17 delivered on July 30, 2009) that "the above provision of the Act, which is applicable mutatis mutandis to the above facts charged, retroactively lost its effect.

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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