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(영문) 광주지방법원 2014.05.14 2014고단1266
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged of this case is as follows: ① A employee of the defendant loaded and operated 48.31 tons of fertilizers exceeding 40 tons in total weight on his/her vehicle B in relation to the defendant's work at the Gyeongnam-si, Hasan-dong, Hasan-si, Hasan-si, Hasan-si, Hasan-si, Hansan-si, Hansan-si; ② around November 11, 2002, 01: 46 tons in excess of 40 tons in total weight on his/her vehicle at the Gun office located in the Gun branch office located in the Gyeonggi-si, Mamo-dong, 782, and 10 tons in weight on his/her 13.3 tons in weight on his/her 10 tons in weight on his/her 11:50 tons in weight on his/her 200 tons in his/her 1:30 tons in total on his/her 1.45 tons in weight on his/her 20.

The prosecutor prosecuted the charged facts of this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005). The summary order of KRW 2,00,000 was notified in this court.

However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article." (The Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010) that "The above provision of the above Act, which is applicable provisions of the facts charged, retroactively loses its effect."

Then, this case.

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