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(영문) 전주지방법원 군산지원 2019.04.30 2019고단162
도로법위반
Text

The defendant shall be innocent.

Reasons

1. At around 10:53 on July 6, 1994, B, an employee of the Defendant, with respect to the Defendant’s work, loaded the subject matter on C 11.5 tons of truck with the knowledge that it is illegal if he drives the vehicle, at a control station at a point of 83.5 km away from the Gyeong Highway Highway, and operated the 1.2 tons of the storage.

2. The prosecutor of the judgment applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Dec. 29, 201; however, according to the Constitutional Court Order 201Hun-Ga24 decided on Dec. 29, 201, Article 86 of the former Road Act that "where an agent, employee, or other employee of a corporation commits a violation under Article 84 subparagraph 1 of the same Act with respect to the business of the corporation, the portion that "a fine under the relevant Article shall be imposed on the corporation shall also be imposed retroactively on the corporation."

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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