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(영문) 의정부지방법원 2015.03.06 2015고단41
도로법위반
Text

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

Reasons

1. On November 12, 199, at around 22:21, 199, C, an employee of the Defendant in the facts charged of the instant case, operated D truck loaded with freight of 11.4 tons during the 2 axis of D truck at the Gu-ri branch office located 108-7, Dong-ri Highway 26.0km, Dong-ri, Seoul branch office located in 108-7, Dong-ri, Seoul branch office, in violation of the restriction on the operation of vehicles by the road management authority.

2. Of the applicable provisions of the facts charged in this case, where an agent, employee, or other worker of a corporation commits an offense provided for in Article 83 (1) 2 of the former Road Act, which is a joint penal provision, with respect to the business of the corporation, the corporation shall also be punished by a fine provided for in the corresponding Article." The decision of unconstitutionality was rendered by the Constitutional Court that the provision of the same Act is in violation of the Constitution over two occasions, and accordingly, the provision of

Therefore, since each of the facts charged in this case constitutes a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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