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(영문) 청주지방법원 2012.12.27 2012고단1492
도로법위반
Text

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. On November 21, 1996, the Defendant, an employee of the Defendant, operated a vehicle for large C Freight around 11:19 of November 21, 1996 with respect to the Defendant’s business, the Defendant violated the restriction on the operation of the vehicle of the road management authority by operating the vehicle with the truck loaded with freight of 13.8 tons and 13.7 tons of the de-measurement on the 2 axis in excess of 10 tons of the de-measurement 10 tons at the mobile autopsy station in front of the Dansan-gun, the Dan-gun, the Ha

2. The prosecutor charged the facts charged in this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 8976 of Mar. 21, 2008) to the facts charged in this case. The Constitutional Court rendered a decision that "if an agent, employee or other worker of an individual commits a violation under Article 83(1)2 of the Act, with respect to his/her individual's duties, a fine under the pertinent Article shall be imposed on the individual, as well as the individual, in the pertinent provision of Article 86 of the same Act shall be deemed to be unconstitutional (the Constitutional Court Order 2010Hun-Ga24 of Oct. 28, 2010). Accordingly, according to the above decision of unconstitutionality, the provisions of the above Act, which are applicable provisions of the facts charged, retroactively lose its effect.

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, and the summary of the judgment against the defendant is publicly announced under Article 58 (2)

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