logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.07.21 2015고단908
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant had his employee B drive C 15t dump trucks with respect to his duties, and around 1:30 on January 19, 1994, B violated the restriction on vehicle operation of the road management authority by operating the 12.6t and 12.0t cargo loaded at the 2 axis, the 10t total of the restricted reduction at the 10t total of the 10t total of the 10t total of the 10t total of the restricted reduction at the 11:30 on January 19, 194.

2. The prosecutor applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995) to a summary order concerning the facts charged in the instant case, and the summary order subject to retrial was notified and finalized.

On December 29, 2011, the Constitutional Court rendered a decision (the Constitutional Court Order 2011HunGa24, Constitutional Court Order) that "if an agent, employee, or other servant of a corporation commits an offence under Article 84 subparagraph 1 of the former Road Act in connection with the business of the corporation, the corporation shall also be punished by a fine under Article 84." This provision is retroactively null and void pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of not guilty under the former part of Article 325 of the Criminal Procedure Act

arrow