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(영문) 대구지방법원 김천지원 2013.03.26 2013고단87
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a juristic person established for the trucking transport business, etc. of ordinary freight, and around March 8, 2005, at around 201:36, an employee A, with respect to his duties, violated the restriction on the operation of vehicles by a road management authority by allowing a vehicle of at least 10 tons with a large weight to load and operate freight of at least 11.1 ton of B freight at the 2nd, although the traffic was restricted, in order to preserve the structure of the road and prevent the danger of traffic at the end of the Busan Highway at the Busan Highway in the direction of Busan Highway in Busan at the end of

2. The prosecutor charged the facts charged in 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 wholly amended by Act No. 7832 of Dec. 30, 2005), and the Constitutional Court made a decision that "where an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," in Article 86 of the above Act, "the provision that the relevant Article shall be imposed on the corporation, in violation of the Constitution (the Constitutional Court Order 2010Hun-Ga14,15,21,21,27,35,38,44,70 (merged) of the above provisions of the Act, which are applicable provisions of the law, retroactively as a result of the decision of unconstitutionality, has lost its effect.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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