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(영문) 수원지방법원 2018.03.20 2017고단7238
도로법위반
Text

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

Reasons

1. On August 7, 2006, when a private person driving a B Trac in the line on the 38th line of the national highways located in the Gyeong-gu, Gyeong-gu, Gyeongnam-do, the Defendant’s charged charge restricted the operation of vehicles exceeding 40 tons in gross weight, 10 tons in a stable, 4.2 meters in height, 2.5 meters in width, and 16.7 meters in length, while driving the Track with a power system on the Track-gu, Gyeong-do, Gyeong-do, Gyeong-do, in order to preserve the structure of the road and prevent the danger of traffic, he violated the restriction on the operation of the vehicle by driving the Track-gu, which is equipped with a power system on the Track-do.

2. The former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) which applies to the facts charged of this case, where a representative, employee, or other worker of a corporation commits a violation under Article 84 subparagraph 1 of the same Article in relation to the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation.

Article 47(3) of the Constitutional Court Act provides that “The portion of the charges in this case shall be retroactively invalidated pursuant to the Constitutional Court’s unconstitutional decision (see Constitutional Court Decision 2011Hun-Ga24, Dec. 29, 201) (see Constitutional Court Decision 2011Hun-Ga3, Dec. 29, 201). Therefore, since the facts charged in this case are not a crime, the charges in this case shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the verdict of innocence shall be published pursuant to Article 440 of the Criminal Procedure Act.

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