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(영문) 의정부지방법원 2014.03.31 2013고단4271
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On August 21, 1998, at around 20:09, the Defendant, an employee of the Defendant, committed a violation of the restriction on vehicle operation of the road management authority by allowing the Defendant to operate the said truck under the condition that he was loaded with 11.6 tons of the 2 axis while he was operating the Cheongdo-dong Cheongdo-dong Cheongdo-dong truck and loaded the 5 tons of the 10 tons of the 11.6 tons of the restricted axis.

2. The above facts charged fall under Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005). However, according to the decision of the Constitutional Court, the above part of Article 86 of the former Road Act, "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, as well as the corporation, shall be imposed retroactively according to the decision of unconstitutionality of Article 86 of the former Road Act."

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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