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(영문) 대전지방법원 홍성지원 2017.11.01 2017고단567
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around May 18, 1996, around 05:35, the Defendant violated the restriction on vehicle operation by loading and operating freight exceeding 12 tons of 10 tons of storage, gross weight 45.4 tons on the 5 livestock with a gross weight exceeding 40 tons on the 5 livestock, at the main national road maintenance and construction office of the Jin National Road Maintenance and Construction Office of the Korea National Highway within the national highway 3 of Jin-si, Jin-si, 1996.

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 applies to the facts charged of this 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 be imposed on the corporation," which is subject to the decision of unconstitutionality of the Constitutional Court (see Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (Joint)).

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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