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(영문) 수원지방법원 2020.08.12 2020고단3577
도로법위반
Text

The defendant shall be innocent.

Reasons

On November 14, 1996, the defendant violated the restriction on the operation of the vehicle by operating the truck with the cargo loaded with the cargo of 11.7 tons more than 10 tons out of the limit on the 4th of the truck in relation to the defendant's business on the road located at the Yasan-si, Hasan-si.

2. 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, where 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, a fine under the relevant Article shall also be imposed on the corporation," which is the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, and 70 (merged) which is the applicable provisions of the facts charged of this case, was ruled unconstitutional, and its effect was retroactively invalidated under the proviso of Article 47 (2) of the Constitutional Court Act.

3. In conclusion, the facts charged in 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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