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(영문) 서울중앙지방법원 2019.06.04 2019고단2324
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around February 19, 200, the summary of the facts charged, B, an employee of the Defendant, operated a cargo vehicle loaded with freight exceeding 11.2 tons on a 2 livestock shed in excess of 10 tons in front of the Seoul Metropolitan Office, and violated the restriction on the vehicle operation of the road management authority with respect to the Defendant’s duties.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions to the facts charged in the instant case, "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," which is the Constitutional Court en banc Decision 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (combined) that is the applicable provisions to the facts charged in the instant case, and thus retroactively loses its effect by a decision of unconstitutionality rendered by a ruling of unconstitutionality as of Oct. 28,

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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