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(영문) 서울중앙지방법원 2014.06.20 2014고단2155
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around 12:36 April 8, 2002, at a point of 45.5 km from the Busan Highway, the Defendant’s employees, in relation to the Defendant’s business, violated the restriction on the operation of the road management agency’s vehicle by driving the CF vehicle loaded with freight of 1.0t, 3 11.1t on the 2 axis in excess of 10t of the limitation on the load weight of the CF vehicle owned by the Defendant.

2. In the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality on the portion that "if 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, and the part that 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) applied to the facts charged in this case by the public prosecutor, the Constitutional Court ruled that "if the agent, employee, or other worker of the corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article."

3. According to the conclusion, the facts charged in this case constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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