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(영문) 의정부지방법원 2014.03.31 2013고단4268
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On March 15, 2003, around 13:14, 2003, the Defendant: (a) was the owner of the freight vehicle A; (b) was in violation of the restriction on the operation of the road by carrying freight freight onto the expressway, which is located in the Seogsan-ri 7, Seosan-ri, the Korea Highway Corporation located in front of the Seogsan-ri, the Seogsan-ri; and (c) driving of the said freight vehicle.

2. The above facts charged fall under Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005). However, according to the decision of the Constitutional Court, the above part of Article 86 of the former Road Act, "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, as well as the corporation, shall be imposed retroactively according to the decision of unconstitutionality of Article 86 of the former Road Act."

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

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