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(영문) 대구지방법원 김천지원 2013.03.26 2013고단72
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a juristic person established for trucking transport business, etc., and the employees B, with respect to his duties, violated the restriction on the operation of the vehicle of the road management authority by allowing the Defendant to operate the said cargo vehicle while loaded with the cargo of 11.1 ton of 2 livestocks in excess of 10 ton of the limited 10 ton of the 10 ton of the 2 livestocks at the Kimcheon-cheon Office at around 20:20 on March 22, 201

2. The prosecutor charged the facts charged in this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), and the Constitutional Court made a decision that "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 also be imposed on the corporation," in Article 86 of the above Act, "the provision that the relevant Article shall be imposed on the corporation, in violation of the Constitution (the Constitutional Court Order 2010Hun-Ga14,15,21,21,27,35,38,44,70 (merged) of the above provisions of the Act, which are applicable provisions of the law, retroactively as a result of the decision of unconstitutionality, has lost its effect.

Thus, since each of the facts charged in this case constitutes a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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