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(영문) 창원지방법원 2016.08.17 2016고단2050
도로법위반
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged:

A. On February 27, 2008, the Defendant’s employee violated the restriction on the operation of the vehicle of the road management office by loading and operating the freight of 11.66 tons on the 2 axis in excess of 10 tons in excess of 10 tons in the limited axis at the location of the 362.7 kilometers in Busan located at the location of the 362.7 kilometers in Busan.

B. On June 14, 2005, around 22:45, in light of the fact that the Defendant’s employee violated the restriction on the operation of the vehicle of the road management agency by operating the B freight truck in excess of 2.5 meters wide in excess of 2.5 meters wide, at the control station of the vehicle on the street 42 line of the rith National Road No. ri-si of Gyeonggi-do.

2. In the decision of 2010 Hun-Ga23, 24, 36, 39, 47, and 50 (Joint) rendered on October 28, 2010, the Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the corporation's business, the part of the above provision of the Act retroactively loses its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act, which applies to each of the above facts charged by the public prosecutor (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 8976 of Mar. 21, 2008)."

3. If so, 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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