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(영문) 서울중앙지방법원 2017.05.02 2017고단2125
도로법위반
Text

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

Reasons

1. On February 28, 1997, at around 07:16, the Defendant, an employee, loaded and operated freight of 11.2 tons on the 4 axis and violated the restriction on the operation of vehicles of the Road Management Agency, thereby violating the Defendant’s duties.

2. When an agent, employee or other worker of a juristic person commits an offense under Article 83 (1) 2 in connection with the business of the juristic person, in Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 8976 of Mar. 21, 2008), which is a legal provision applicable to the above facts charged, the juristic person shall also be punished by a fine under the corresponding Article.

The Constitutional Court Decision 2010Hun-Ga23, 24, 36, 39, 47, and 50 (Consolidation) Decided October 28, 2010 and Article 47(3) of the Constitutional Court Act retroactively lost its effect.

Thus, since the facts charged in this case constitute a case that does not constitute a crime, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and a public notice is made pursuant to Article 440 of the Criminal Procedure Act. It is so decided as per Disposition.

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