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(영문) 창원지방법원 2016.08.17 2016고단2044
도로법위반
Text

The defendant is innocent.

Reasons

1. On March 22, 2007, the Defendant violated the restrictions on the operation of vehicles of the road management agency by carrying more than 15.05 tons on the 2 axiss, 14.50 tons on the 3 stables, 16.80 tons on the 4 stables, 16.85 tons on the 5 stables, 16.40 tons on the 6 stables, 16.40 tons on the 16.85 tons on the 6 stables, and 85 tons of the gross weight exceeding 40 tons on the 85 tons.

2. In the decision of 2010 Hun-Ga23, 24, 36, 39, 47, and 50 (Joint) rendered on October 28, 2010, the Constitutional Court rendered 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 corporation's business, the part of the above provision of the Act retroactively loses its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act, which applies the above facts charged by the prosecutor.

3. In conclusion, 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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