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(영문) 광주지방법원 2013.06.27 2013고단2385
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On April 18, 2005, around 19:45 on April 18, 2005, the Defendant, an employee of the Defendant, was in violation of the Defendant’s vehicle operation restriction by running the freight exceeding 10t, 11.39t to 11.39t, while driving the freight exceeding 1.39t at a backhahouse business office located in the Seoul direction, 111.4km Line 11.4km Line in Seoul direction.

2. The prosecutor brought a public prosecution against the above charged facts 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) to the above charged facts.

However, in Article 86 of the above Act, the phrase "if an agent, employee or other worker of a corporation commits an offense pursuant to Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article." The Constitutional Court Decision 2010Hun-Ga38 Decided October 28, 2010, retroactively lost its effect.

3. According to the conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment in this case is publicly announced pursuant to Article 440 of the Criminal Procedure Act and Article 5

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