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(영문) 광주지방법원 2016.05.18 2016고단1102
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is the driver of the truck owned by the Defendant.

A on December 20, 1993, around the 17th of the National Highway of the Republic of Korea, operated the said truck as loaded in excess of 10 tons of the livestock, and violated the restrictions on the operation of the vehicles of the Office of Road Management.

Accordingly, A, an employee of the defendant, committed a violation as above in relation to the defendant's business.

2. The judgment prosecutor applied Articles 86 and 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995), and applied Article 86 and Article 84 subparagraph 1 of the former Road Act, and the punishment of a fine of KRW 30,000 is finalized by a summary order subject to review. However, if an agent, employee, or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the said Act, the corporation shall also be punished by a fine under the said Article.

“The portion of the Constitutional Court Decision 2011 Constitutional Court Order 2011Hun-Ga, dated December 29, 201, retroactively lost its effect.

Therefore, the facts charged of 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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