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(영문) 청주지방법원 2014.08.08 2014고단705
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around October 10:27, 200, the Defendant, who is an employee, violated the restrictions on the operation of vehicles by the road management authority by operating the vehicle in a state loaded with freight exceeding 10 tons of a reduced weight of 2:11.04 tons, 3 livestock 1.16 tons, and 3 livestock 1.16 tons, at the inspection station of the Cheongbuk-gun, Cheongbuk-gun, Seoul-gun, in connection with its business.

2. As to the facts charged in the instant case, the public prosecutor charged a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 8976, Mar. 21, 2008; hereinafter the same) to the facts charged in the instant case, and the summary order subject to retrial was notified and finalized.

However, since Article 86 of the former Road Act (amended by Act No. 12597, May 2014) provides that "if an agent, employee, or any other employee of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article," the part of which "if such an offense is committed, the corporation shall also be punished by a fine under the relevant Article." (Ruling en banc Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged) of the Constitutional Court en banc Decision, October 28, 2010) of the same Act (amended by Act No. 12597, May 20, 2014) shall be retroactively invalidated pursuant to the proviso to Article 47 (2) of the former Constitutional Court Act.

3. In conclusion, the facts charged in this case constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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