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(영문) 광주지방법원 2017.05.11 2017고단241
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On March 31, 2001, at around 04:39, the Defendant violated the restrictions on the operation of the Road Management Agency in relation to the Defendant’s duties by carrying the 12.3t of stone with the weight exceeding 10,000 from the 196-6 Haakdong-dong, Gwangju Branch of the Construction Corporation located in the Republic of Korea, Gwangju-dong 196-6.

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), which applies by a public prosecutor to the facts charged of this case, that "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," the portion that "a fine under the relevant Article shall also be imposed on the corporation," is retroactively invalidated pursuant to the Constitutional Court Decision 2010Hun-Ga, No. 14, 15, 21, 27, 35, 38, 44, 70 (Joint) of the Act and Article 47 (3) of the Constitutional Court.

3. In conclusion, the facts charged in the instant case constitute a crime, and thus, a not-guilty verdict is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is publicly announced pursuant to the main sentence of Article 440 of the Criminal Procedure Act.

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