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(영문) 서울남부지방법원 2016.08.25 2016고단3495
도로법위반
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is a juristic person established for the purpose of mid-term leasing business and mid-term sale business, and the defendant's employee B violated the restriction on operation of the road management agency by operating the truck as loaded with a washing yarn of 11.1 ton during the 3 livestock, and 10.7 ton during the 4 livestock, in excess of 10 ton of 10.7 ton in the front of the Incheon Office at a point of 7.4km on March 8, 1994, a light of 04:51.

2. As to the facts charged of this case, the public prosecutor charged a public prosecution by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and by Act No. 4920 of Jan. 5, 1995). As to this, on July 12, 1994, the summary order imposed a fine of KRW 300,000 on the defendant was notified and finalized in this court.

In this regard, after the above summary order became final and conclusive, Article 86 of the above Act provides that "where an agent, employee or any other employee of a corporation commits an offense provided for in Article 84 (1) in connection with the business of the corporation, a fine provided for in the corresponding Article shall also be imposed on the corporation, the corporation shall also be imposed on the violation of the Constitution (Supreme Court Order 201Hun-Ga24 Decided December 29, 201). The part of the above provision of the law, which is the legal provision applicable to the facts charged, has retroactively lost its effect following the decision of unconstitutionality.

3. According to the conclusion, since the facts charged in this case constitute a case that does not constitute a crime, a defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and a summary of the judgment against the defendant is to be published under Article 440 of the Criminal Procedure Act, and it is so decided as per Disposition.

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