logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.06.27 2017고단1593
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged of the instant case: (a) around April 3, 1999, around 10:22, the Defendant committed an act violating the restriction on the operation of the said road management authority with respect to the Defendant’s business by loading and operating the freight vehicles exceeding 11.1 tons of the standards for restriction on operation to C, in the vicinity of the construction business office at a point of 260 km away from the south-west Highway Road at a point of 260 km.

2. 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), which applies by a public prosecutor to the facts charged of this case, 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 Article shall also be imposed on the corporation," the portion that "a fine under the relevant Article shall also be imposed on the corporation," is retroactively invalidated pursuant to the Constitutional Court Decision 2010Hun-Ga, No. 14, 15, 21, 27, 35, 38, 44, 70 (Joint) of the Act and Article 47 (3) of the Constitutional Court.

3. In conclusion, the facts charged in the instant case constitute a crime and thus, a judgment of innocence is rendered in accordance with the former part of Article 325 of the Criminal Procedure Act.

arrow