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(영문) 대전지방법원 논산지원 2016.07.19 2016고단281
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. As to the defendant's employee A of the summary of the facts charged,

1. Around 16:02 on February 29, 2004, a fertilizer of more than 45.68 tons in total weight exceeding 40 tons of B freight at the 113km point in Busan, Busan, the direction of the highway Seoul, and a fertilizer of more than 113 km away from the port of Busan, 2004;

2. On March 10, 2004, around 14:34, at a place of business located in a mountain located at a point of 113 km in the south Sea Line, the said vehicle loaded and operated 44.33 tons exceeding 40 tons of gross weight of the said vehicle, thereby violating the restrictions on the operation of vehicles by the road management agency twice.

2. The Constitutional Court Decision 2010Hun-Ga38 Decided October 28, 2010, applied the above facts charged by the public prosecutor in accordance with 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), “ When an agent, employee or other worker of a corporation commits an offense provided for in Article 83(1)2 with respect to the corporation’s business, the said corporation shall also be punished by a fine provided for in the relevant Article.

“The part of the law was ruled to be in violation of the Constitution. Accordingly, the above provision of the law was retroactively invalidated in accordance with the main sentence of Article 47(3) of the Constitutional Court Act.

Thus, since the facts charged in this case are not a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence against the defendant pursuant to Article 58 (2) of the Criminal Procedure Act shall be publicly announced. It is so decided as per Disposition.

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