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(영문) 대구지방법원 서부지원 2014.01.17 2013고단1558
도로법위반
Text

The defendant shall be innocent.

Reasons

1. A summary of the facts charged is a corporation established for the purpose of trucking transport business, etc., and around July 4, 2007, at around 02:44, B, with respect to the Defendant’s business, operated a vehicle in a state of loading freight exceeding 44.31 tons of the total weight of 44.31 tons on the North Sea Highway in front of the Gangseo-gu Busan Metropolitan City Highway Corporation 18, Gangseo-dong, Gangseo-gu, Busan Metropolitan City, thereby violating the restriction on vehicle operation

2. As to the facts charged in this case, the prosecutor brought a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (wholly amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; however, the Constitutional Court made a decision that "where an agent, employee, or other employee of a corporation commits a violation under Article 83(1)2 in relation to the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," in Article 86 of the above Act, that "if the agent, employee, or other employee of the corporation commits a violation under Article 83(1)2, a fine under the relevant Article shall be imposed on

Therefore, according to the above decision of unconstitutionality, the above legal provision, which is the applicable provisions of the facts charged, loses its effect retroactively, and the facts charged in this case are not a crime, and thus, a not-guilty verdict is rendered under the former part of Article 325

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