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(영문) 수원지방법원 안산지원 2017.09.27 2017고단2246
도로법위반
Text

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

Reasons

1. On October 11, 2007, the summary of the facts charged, A, an employee of the Defendant, in relation to the Defendant’s work, violated the Defendant’s restriction on the operation of the vehicle of the Road Management Agency by operating the B truck with B truck loaded with freight of 11.6 metric tons in the 2 axis in excess of 10 tons of the limited axis at the 12.5km point in the direction of the starting point of Incheon, Young-dong and the starting point of the 12.5km from the starting point of the Incheon.5km.

2. The part of Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008, the same applies hereinafter), which applies to the above facts charged, "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," which is the legal provision applicable to the above facts charged, was retroactively invalidated by the Constitutional Court Order No. 2008Hun-Ga of Jul. 30, 2009.

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered under the former part of Article 325 of the Criminal Procedure Act, and a summary of the judgment is publicly announced under the main sentence of Article 440

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