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(영문) 춘천지방법원 영월지원 2017.04.21 2017고단9
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On June 21, 2001, A, an employee of the Defendant, committed a violation of the Defendant’s restriction on the operation of the vehicle of the road management agency by loading freight of more than 44.2 tons exceeding the total weight of 40 tons at the 305 km-gu office located on the Gyeong-gu Office located in Korea, the 305 km-do Office, the Gyeong-do Office of Construction and Transportation, at a point of 305 km-do.

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 is a legal provision applicable to the facts charged of this case and Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), which is a legal provision applicable to the facts charged of this case, where an agent, employee or other worker of a legal entity commits a violation under Article 83 (1) 2 of the Act

“The portion was retroactively invalidated in accordance with the Constitutional Court’s decision of unconstitutionality (see Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010).

Therefore, the facts charged in this case constitute a crime, and thus, is not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.

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