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(영문) 의정부지방법원 2013.11.13 2013재고정7
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On July 24, 2006, around 11:26, the Defendant, the user of the charge, violated the vehicle operation restriction of the road management authority by operating the 2 livestock 11.60 tons and 11.85 tons of livestock 1.60 tons of livestock 1.60 tons and 3 livestock 1.85 tons of livestock 2, in excess of 54.70 tons in total weight restriction on the national highways No. 37, 50 tons of Pocheon-si, Changcheon-si, the State of Macheon-si. 37.

2. The above facts charged constitute Articles 86, 83(1)2, and 54(1) of the former Road Act (wholly amended by Act No. 8976 of Mar. 21, 2008). However, according to the decision of the Constitutional Court, the above part of Article 86 of the former Road Act, "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, as well as the corporation, was retroactively invalidated pursuant to the decision of unconstitutionality as to Article 86 of the former Road Act."

Thus, 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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