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(영문) 의정부지방법원 2014.07.22 2014고단1768
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is that the Defendant is engaged in transportation business as the owner of a vehicle A, and the Defendant violated restrictions on the operation of a vehicle by loading the cargo of 11.7 tons and loading and operating the cargo of 11.7 tons in excess of 10 tons of a limited storage weight, at the CheongTool 6.5 kilometers' km point of the outer cycle line starting point of 6.08 on February 25, 199.

As to the facts charged in this case, the public prosecutor charged a public action by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) to the facts charged in this case, and the summary order subject to retrial was notified and finalized.

On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense 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," which is in violation of the Constitution (the Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined)). Accordingly, the above Article 86 of the former Road Act retroactively lost its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

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

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