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(영문) 서울중앙지방법원 2013.09.24 2013고단5083
도로법위반
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is that C is a person driving a D truck under the jurisdiction of the defendant, and the defendant is a corporation for trucking transport business, etc., and C is a corporation that operated the truck at the south of 159km point in Seoul on April 11, 200, at the south of 159km point in the south of Honam Line on April 11, 200, in excess of 10 tons of the limitation on the operation of the road management agency by operating the truck with the above truck loaded with the 11.2 tons of more than 10 tons of the limitation on the 2 axis, and the defendant committed the same violation as the above C,

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

It is so decided as per Disposition for the above reasons.

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