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(영문) 수원지방법원 안산지원 2017.09.08 2017고단1735
도로법위반
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The facts charged C is a person engaging in driving of a D freight vehicle, and the defendant is the owner of the above vehicle.

C On December 16, 2003, at the business office of the Gangseodo Highway, around 18:17, 11.09 tons of cargo loaded at the said 3 axiss and operated at the said 11.09 tons of cargo of 10 tons of cargo of 11.09 tons of cargo of the legal limit curtailments. On January 27, 2004, at the central expressway site around 12:47, the aforementioned vehicle loaded and operated the cargo of 44.28 tons of gross weight of 44.28 tons of the legal limit load, and the Defendant caused C, who is its employee, to commit an offense in connection with the Defendant’s business.

2. The prosecutor of the judgment applied Articles 86, 83(1)2, and 54(1) 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 facts charged of this case, and the prosecution was instituted by the court, and the summary order of KRW 1,00,000 was notified and confirmed by this court. The part of the above Article 86 of the former Road Act that "if an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the former Road Act with respect to the business of the corporation, the portion that "the fine under the corresponding Article shall also be imposed on the corporation is retroactively invalidated according to the Constitutional Court's decision of unconstitutionality."

Thus, since the facts charged in this case are not a crime, it is so decided as per Disposition by the assent of all participating Justices on the Criminal Procedure Act to determine innocence pursuant to the former part of Article 325 of the Criminal Procedure Act and to publish the summary of the verdict of innocence pursuant to Article 440 of the Criminal Procedure Act.

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