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(영문) 청주지방법원 2012.12.27 2012고단1572
도로법위반
Text

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. When the Defendant, an employee of the Defendant, operates a large-scale B truck on November 1, 2004, around 03:43, in relation to the Defendant’s business, the Defendant violated the restriction on the operation of the vehicle by the road management authority, by operating the vehicle in excess of 10 tons of the limit on the axis on the road for the petition office of the Korea Highway in excess of 10 tons of the limit on the operation of the vehicle.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005) to the facts charged in the instant case. The Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 in relation to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," in Article 86 of the above Act, that "if the agent, employee, or other worker of the corporation commits a violation under Article 83(1)2, a fine under the relevant Article shall be imposed on the corporation, which is in violation of the Constitution (Article 2010Hun-Ga14,15,27,35,38,470, Oct. 28, 2010).

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, and the summary of the judgment against the defendant is publicly announced under Article 58 (2)

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