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(영문) 청주지방법원 충주지원 2018.01.23 2017고단935
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the owner of CKac Truck, and D is the driver of the above CKac Truck as the defendant's employee.

On March 14, 2005, around 02:17, the Defendant, an employee of the Defendant, violated the restriction on operation of the said agency’s vehicle by carrying freight equivalent to more than 11.01 tons of the 4 cattle out of the 4 cattle of the 4 cattle of the 11.01 tons and operating more than 1.01 tons out of the 4 cattle of the 4 cattle of the 4 cattle of the 19-ray 40 tons of the total weight, 4m, length, 16.7m, 16.7m in width, and 2.5m in width in order to preserve the structure and prevent any danger of operation. However, the Defendant violated the restriction on operation of the said agency’s vehicle with respect to the Defendant’s business by exceeding 1.01 tons out of the 4 cattle of the 4 cattle of the 4 livestock truck.

2. The prosecutor of the judgment applied Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) to the above facts charged, and brought a public prosecution for the above facts charged. The Constitutional Court of Korea on Oct. 28, 2010 in Article 86 of the former Road Act (amended by Act No. 83(1)2 on Oct. 28, 2010, when an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the former Road Act, the corporation shall also be punished by a fine under the corresponding Article.

“ Inasmuch as the Constitutional Court 2010 Constitutional Court 14, 15, 21, 27, 35, 38, 44, 70 (Joint) rendered a decision that the part of the instant facts charged is unconstitutional (see Constitutional Court 2010 Constitutional Court 14, 15, 21, 27, 35, 38, 44, 70 (Joint)), the said provision, which

3. In conclusion, the facts charged in this case 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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