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(영문) 광주지방법원 2015.09.18 2015고단3159
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is that the Defendant’s employees violated the restriction on the vehicle operation of the road management authority by operating B truck with freight loaded with freight exceeding 2.8 tons of a limited weight exceeding 1.6 tons and 11.6 tons in excess of 1.6 tons in the direction of the mountain area, the mountain area, the mountain area, and the mountain area, the mountain area, and the mountain area, the mountain area, the mountain area, and the area of the third axis, the mountain area, and the area of which are located, of 12.8 tons in excess of 2.8 tons, in the direction of the mountain area, the mountain area, and the area of the mountain area in the vicinity of the

However, Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 193, and amended by Act No. 4920 of Jan. 5, 1995) which applies mutatis mutandis to the facts charged in this case provides that "where an agent, employee or other worker of a corporation commits a violation provided for in subparagraph 1 of Article 84 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation," which is retroactively invalidated pursuant to the Constitutional Court Decision 2011Hun-Ga24 decided Dec. 29, 201 and 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, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

Thus, 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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