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(영문) 대구지방법원 2021.03.19 2021고단79
도로법위반
Text

The defendant shall be innocent.

Reasons

On October 6, 1997, the Defendant violated the restriction on the operation of the vehicle of the Road Management Agency by operating the 4 livestock with a weight exceeding 10 tons of 11.2 tons of 11.2 tons of 4 livestock, even though the Defendant’s employee (hereinafter “Defendant”) loaded livestock feed on the Defendant’s freight vehicle C 18 tons owned by the Defendant in order to preserve the road structure and prevent the danger of operation, while operating the 10 tons of 4 livestock with a weight exceeding 1.2 tons of 1.2 tons of 197.

2. The prosecutor of the judgment shall also impose a fine under 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) with respect to the facts charged of this case where the agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in relation to the business of the corporation.

A public prosecution was instituted by applying the part " "."

In this regard, the Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 with respect to the above provision of the law (Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Joint) Decided October 28, 2010) and thus, the above provision of the law was retroactively invalidated in accordance with the provision of Article 47(3) of the Constitutional Court Act.

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

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