logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2014.04.15 2014고단137
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the owner of A Truck.

On September 28, 1999, if the defendant's employee Eul supplied the cargo to North-gu at the time of the border of North Korea on September 28, 1999, around 04:53, the defendant's employee violated the restriction on the vehicle operation of the road management rail by loading and operating the cement of 11.02 tons, 10.61 tons, and 42.23 tons of gross weight at the road at the control office of the Tropian National Road 7 Line Cropian National Road, in excess of 10 tons and gross weight to the above truck on the road.

2. The prosecutor of the judgment applied Articles 86, 83(1)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; hereinafter the same) to the above charged facts.

On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other employee of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article" in Article 86 of the former Road Act, which applies to this case, violates the Constitution (the Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70, which is October 28, 2010). Accordingly, the above provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, the above facts charged constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.

arrow