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(영문) 대구지방법원 김천지원 2013.03.26 2012재고정2
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a juristic person established for district, trucking transport business, etc., and an employee A, with respect to his duties, violated the restriction on vehicle operation by a road management authority by allowing a vehicle with a height of at least 4.20 meters, which is at least 4.20 meters, to load and operate B freight at the height of 4.24 meters on the B freight, even though the restriction on traffic was imposed, in order to preserve the structure of the road and prevent the danger of traffic at a point 332.5km in front of the Korea Highway Corporation's business office, at a point 332.5km away from

2. The prosecutor charged the facts charged in this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), and the Constitutional Court made a decision 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, a fine under the relevant provision shall be imposed on the corporation," in Article 86 of the above Act, "the above provision of the Act shall be imposed on the corporation retroactively."

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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