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(영문) 대전지방법원 홍성지원 2017.11.01 2017고단565
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. On January 23, 1997, the Defendant violated the restriction on vehicle operation by loading and operating freight of 11.07 tons on the 2 axis and 10.53 tons on the 3 stables in excess of 10 tons of the Defendant’s duties at the river at the Dong-dong, Incheon, Dong-dong, Dong-dong, Incheon. In the street, the Defendant’s employees violated the restriction on vehicle operation by loading and operating freight of 10.53 tons on the 2 axis in excess of 10 tons of the Defendant’s duties.

B. On January 23, 1997, the Defendant violated the restriction on vehicle operation by loading and operating freight of 11.15 tons on the 2 axis and 10.41 ton on the 3 stables in excess of 10 ton of a 10 ton of a 10 ton of a 10 ton of a 2 axis, in front of the Dong-dong of Incheon, Dong-dong, Dong-dong, Incheon, Dong-gu, Incheon, and its employees in front of the river of the defendant.

2. The part of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which applies to each of 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 connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," which is subject to the decision of unconstitutionality of the Constitutional Court (see, e.g., Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (merger)) that applies to each of the facts charged of this case, is retroactively invalidated pursuant to the decision of unconstitutionality of the Constitutional Court.

Thus, each of the facts charged in this case constitutes a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.

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