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(영문) 춘천지방법원 2017.03.27 2017고단42
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged A is a corporation established for the purpose of cargo transport business, etc., which is a person who operates the 5 tons cargo vehicles owned by the Defendant.

A around 12:41 on April 30, 2004, at a new business establishment located in the Seoul direction-finding branch of the Young-dong Highway 142.9km, a vehicle operating this road is unable to operate more than 10 tons or a total weight of 40 tons on a stable, while carrying the wire network on the said vehicle in the direction of Gangseo-do, and operated the 2 axis in the direction of Gangseo-do in a 11.6 tons in order to preserve the structure and prevent danger, and the Defendant, an employee, committed such a violation as above.

2. The prosecutor of the judgment applied Articles 86 and 83 (1) 2 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 above facts charged, and the defendant was notified of the summary order subject to review and confirmed.

In this regard, after the above summary order has become final and conclusive, when an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, Article 86 of the above Act shall be punished by a fine under the corresponding Article.

“The part “” was retroactively invalidated by the Constitutional Court Decision 14,15,21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010 by the Constitutional Court.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant shall be acquitted under the former part of Article 325 of the Criminal Procedure Act, but the defendant shall not be disclosed as he does not want

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