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(영문) 전주지방법원 군산지원 2019.04.30 2019고단145
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On February 26, 200, at around 03:30 on February 26, 200, B, an employee of the Defendant, loaded 10 tons, total weight, 40 tons, and 16.7m in loading length, and 2.5m in national highways whose height of loading exceeds 49.50m of gross weight and carried 49.50 tons in total weight and carried 9.50 tons in order to prevent any danger and injury to the road during the operation of the road from spocheon to the spoke, and violated the regulation on restriction on operation of vehicles.

2. The prosecutor of the judgment applied 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) to the facts charged in the instant case, but the Constitutional Court rendered a decision on Oct. 28, 2010 (amended by Act No. 2014, Oct. 14, 15, 2010; 21, 27, 35, 38, 34, and 70 (merged) of the former Road Act (amended by Act No. 832 of Oct. 28, 2010) 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, the corporation shall also be punished by a fine under the relevant provisions of Article 8

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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