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(영문) 울산지방법원 2021.01.20 2020고단5497
도로법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On March 31, 2004, the summary of the facts charged is as follows: B, the driver of the vehicle, who is the driver of the vehicle, operated the road in violation of the legal weight at the control office of fixed type restriction on operation of vehicles in Ulsan-gun, Ulsan-gun, Ulsan-gun, thereby violating the restriction on operation by the Korean Road Management Agency with respect to the Defendant’s duties.

2. The former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which applies to the facts charged of this case, where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in relation to the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation.

“The portion was retroactively invalidated by the Constitutional Court’s decision of unconstitutionality (Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Joint) Decided October 28, 2010).

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is publicly announced pursuant to Article 440 of the same Act.

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