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(영문) 대구지방법원 서부지원 2017.02.10 2016고단2420
도로법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant, as the owner of the A truck, operates the said truck while loaded the said truck with a gross weight exceeding 4.15 tons in excess of the gross weight exceeding 40 tons on the roads in front of the 28.63km-si Office located in Yongcheon-si, Gyeongcheon-si, Gyeongcheon-si, and (b) around 15:45 of the same day, the Defendant violated the restriction on the operation of the Road Management Agency by operating the said truck with a gross weight exceeding 40 tons on the roads in front of the 14.01 tons of the said truck, around March 8, 2007, at a point of 14:35,07, in relation to the Defendant’s duties. (c) The Defendant violated the restriction on the operation of the Road Management Agency by operating the said truck with a gross weight exceeding 40 tons exceeding 44.01 tons on the roads front of the said truck.

2. The former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008) which applies to the facts charged of this case, 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, the corporation shall be punished by a fine under the relevant Article.

“The portion of the Constitutional Court Decision 2008 Constitutional Court Decision 2008Hun-Ga decided July 30, 2009 was retroactively invalidated by the 17th decision.

3. In conclusion, the facts charged in the instant case constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced pursuant to Article 440 of the Criminal Procedure Act.

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