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(영문) 서울중앙지방법원 2017.06.20 2017고단3164
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On May 6, 1994, around 14:04, the Defendant, an employee of the charges, operated the B truck owned by the Defendant on the street in front of the 384 km branch office on the Southern Highway, and committed a violation of the Defendant’s duties by loading and operating the cargo exceeding 0.5 tons of the 2 axis, and 1.4 tons of the 3 axis, and the gross weight exceeding 3.9 tons, and by violating the restriction on the operation of the vehicle by the road management agency.

2. When an agent, employee or other worker of a juristic person commits a violation under subparagraph 1 of Article 84 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) which is a legal provision applicable to the above facts charged, and Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 199).

"The part" was retroactively invalidated on December 29, 201 by the Constitutional Court Decision 2011Hun-Ga24 dated December 201 and Article 47 (3) of the Constitutional Court Act.

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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