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(영문) 서울동부지방법원 2014.11.17 2014고단2960
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant, as a corporation for the purpose of trucking transport business, is the owner of a truck A, and its employee B violated the restriction on vehicle operation by loading and operating freight of 11.920 tons on the 4 axis of the above vehicle at the 19.8m coast Highway 17:53 on October 27, 1999 at the military and business office of 19.8m coast Highway, along with a total weight of 4.610 tons.

2. With respect to the facts charged in this case, the public prosecutor brought a public prosecution by applying Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 7103, Jan. 20, 2004; Act No. 7103, Jan. 20, 2004) that "if an agent, employee or other worker of a corporation commits a violation under Article 83 (2) with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article." The defendant was notified of

However, as the Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 with respect to the above provision of the law, the above provision of the law became retroactively null and void in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

Thus, 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.

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