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(영문) 제주지방법원 2013.10.21 2013고단1258
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the defendant's employee B, on February 22, 200 with respect to the defendant's service, loaded and operated stone with 10 tons of less than 1.14 tons of limited axiss at the 159 km Seoul Southern Line's 159 kilometers Seoul.

2. The prosecutor instituting a public action by applying Articles 86, 83 subparagraph 2, and 54 (1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) to the facts charged in the instant case. However, the Constitutional Court rendered a decision that "where an agent, employee, or other employee of a corporation commits a violation under Article 83 (1) subparagraph 2 of the former Road Act with respect to the business of the corporation, the portion that "where the agent, employee, or other employee of the corporation commits a violation under Article 83 (1) 2 of the Act, a fine under the relevant Article shall also be imposed on the corporation shall also be imposed on the corporation, which is in violation of the Constitution (amended by Act No. 9920 of Oct. 28, 2010).

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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