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(영문) 서울남부지방법원 2018.05.23 2018고단630
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a legal person that aims at the trucking transport business, etc., and the defendant's employees interest C truck driver, who violated the restriction on the operation of the vehicle of the road management agency by operating the truck loaded with the cargo of 11.2 tons out of the 2 axis and 12.1 ton out of the 3 axis, in excess of 10 ton of the restriction on the truck on the above truck on the road in front of the Gu Ri office located in the Dong-dong, the Han-dong, the Han-dong, the Han-dong, the Han-dong.

2. The part of Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995), which applies to the facts charged of this case, that "where an agent, employee, or other worker of a corporation commits a violation under Article 84 subparagraph 1 of the Act in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which is applicable to the facts charged of this case. The part that "a fine under the relevant Article shall also be imposed on the corporation," which is retroactively invalidated by the Constitutional Court's decision that 2011Hun-Ga was 24, which was unconstitutional by the full bench.

Thus, the facts charged of this case constitute a crime, and thus, is not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.

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