logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.03.14 2019고단170
도로법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The summary of the facts charged is that the Defendant is the owner of B's C 17.5 tons car truck, and the Defendant's employee B, on November 9, 200, 200, loaded and operated freight of more than 45.17 tons of the weight on the road 17 lines of the national highway located in the Gucheon-si, in the document No. 38 of November 21, 200, and thus violated the road management authority's restriction on vehicle operation in relation to the Defendant's business.

Judgment

Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 8976 of Mar. 21, 2008) provides 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 provision that "a fine under the relevant Article shall also be imposed on the corporation," which is in violation of the Constitution (the Constitutional Court Decision 2010Hun-Ga14, Oct. 28, 2010, 14, 15, 21, 27, 35, 38, 44, 70 (merged) of the Act, which was amended by Act No. 8976 of Oct. 28, 2010). The provision

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is publicly notified pursuant to Article 440 of the same

arrow