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(영문) 서울남부지방법원 2017.05.17 2017고단1464
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the summary order against the defendant is that A, an employee of the defendant, was in violation of the restriction on the operation of the road management agency in relation to the defendant's business by operating the B truck with loaded freight of more than 10 tons in excess of 15.2 tons from the 7.4 kilometers of the 7.4 kilometers of the border line on the expressway, which is around 14:43 on January 8, 1995.

However, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which served as the basis of the punishment of this case where an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the Act in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article.

“Inasmuch as the part of the Constitutional Court’s decision of unconstitutionality has lost its effect (the Constitutional Court 2010Hun-Ga38, Oct. 28, 2010). It is so decided as per Disposition by the assent of all participating Justices on the Defendant’s acquittal pursuant to the former part of Article 325 of the Criminal Procedure Act.

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