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(영문) 서울남부지방법원 2016.07.21 2016고단2807
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On February 1, 2001, the Defendant, the user of the Defendant, driven a 25 tons car truck B, and violated the restriction on the operation of the vehicle of the Road Management Agency by operating the said truck with the 12.1 ton of freight loaded on the third axis in excess of 10 ton of the restriction 12.1 ton of the said truck at a point 48 km away from the Southern Highway Highway around February 1, 2001.

2. The Constitutional Court Decision 2010Hun-Ga decided October 28, 2010 14, 15, 21, 27, 35, 38, 44, 70 (Consolidation) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005) stated in Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), 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, the corporation shall also be punished by a fine under the relevant Article.

Article 47(2) proviso of the Constitutional Court Act provides that “The provision applicable to the above facts charged shall retroactively lose its effect in accordance with the decision of unconstitutionality.”

3. According to the conclusion, the facts charged in the instant case constitute a crime, and thus, acquitted under the former part of Article 325 of the Criminal Procedure Act.

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