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(영문) 광주지방법원 2013.05.30 2013고단1907
도로법위반
Text

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

Reasons

1. Around 23:51 on December 17, 2004, the summary of the facts charged is as follows: A, an employee of the Defendant, with respect to the Defendant’s work, operated the freight of 12.49t on the front side of the Korea Highway Corporation at a point 10 km from the new Highway (10 km) to the 2nd 10 km of the 2nd Don Don Highway in front of the Gunn Highway Corporation, and operated the freight of 12.73t in excess of 10 km out of the 10 km of the 2nd Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Gun Don Don Don Don Don Don 222:54 on November 22, 198, 2005.

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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