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(영문) 수원지방법원 성남지원 2014.04.02 2014고단325
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On June 14, 2004, at around 14:19, C, an employee of the Defendant, loaded and operated freight exceeding 13.15 tons of load load on the front of the branch office of the Korea Highway Corporation located at 406 km in Busan, Busan, and the Defendant’s business at the second axis, and violated the road management authority’s restriction on vehicle operation.

2. In the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality on the portion that "if 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, and the part that 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) applied to the facts charged in this case by the public prosecutor, the Constitutional Court ruled that "if the agent, employee, or other worker of the corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article."

3. In conclusion, the facts charged in the instant case constitute a crime and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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