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(영문) 수원지방법원 2019.03.14 2019고단171
도로법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The summary of the facts charged is that the Defendant is the owner of B's C25 tons car truck, and B, the Defendant's employee, was, around June 29, 2007, on the 200:15, at the Hadong-dong, Chungcheongnam-do, Geumnam-dong, Chungcheongnam-do, Geumnam-do, 916 Korea Highway Corporation, carrying freight exceeding 4.2 tons of the weight of 4.2 tons on the above vehicle, and violated the restrictions on the operation of the Defendant's vehicle in relation to the Defendant's business.

Judgment

Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) provides that "where an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant provision shall also be imposed on the corporation." The decision of unconstitutionality that "(the Constitutional Court Decision 2008HunGa17, Jul. 30, 2009) is unconstitutional (the Constitutional Court Decision 2008HunGa17, Jul. 30, 2009) is unconstitutional. The above provision of the Act, which is applicable to the facts charged

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is publicly notified pursuant to Article 440 of the same

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