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(영문) 창원지방법원 밀양지원 2018.08.07 2018고단294
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a juristic person established for the purpose of mid-term lending business and all businesses incidental thereto, and the owner of A vehicle. On November 22, 1993, the employees of the Defendant, at around 10:21, 1993, he loaded at least 10 tons of a winter-gun on the road No. 25, Dosan National Road No. 25, Dosan National Road, and operated more than 2 tons of a vehicle, respectively, by loading soil on the said vehicle and loading at more than 12 tons of a 2 axis while driving on the water for fishery purposes from smuggling.

2. The judgment prosecutor's punishment of a fine of KRW 50,00 was finalized by filing a public prosecution in accordance with Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 193; Act No. 4920, Jan. 5, 1995); however, when an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the said Act in relation to the business of the corporation, the corporation shall also be fined under the said Article.

“The portion of the Constitutional Court Decision 2011 Constitutional Court Decision 2011Hun-Ga, dated December 29, 2011, retroactively lost its effect due to the 24th decision of unconstitutionality.

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

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