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(영문) 의정부지방법원 2019.07.05 2019고단2253
도로법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On December 15, 1994, the Defendant violated the restriction on operation by loading and operating freight of 11.8 tons at the third axis, 11.4 tons at the fourth axis, and 11.4 tons at the fourth axis, even though his employee was at the control station of an excessive vehicle located in Pyeongtaek-dong on December 15, 1994 in relation to the Defendant’s business.

2. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995) that stated the applicable provisions of the facts charged in the instant case as to the imposition of a fine under Article 84 subparagraph 1 of the Act on the Punishment, etc. of a Juristic Person, where an agent, employee, or other worker of the said juristic person commits an offense under Article 84 subparagraph 1 of the said Act, the pertinent provision on the imposition of a fine under the relevant provision on the said juristic person, as unconstitutional by the decision of 2011HunGa24, Dec. 29, 2011.

Therefore, since the facts charged in this case constitute a crime, it is so decided as per Disposition by the decision of not guilty under the former part of Article 325 of the Criminal Procedure Act, and by publicly announcing the summary of this decision under the main sentence of Article 440 of the Criminal Procedure Act

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