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(영문) 춘천지방법원 영월지원 2017.05.16 2017고단66
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On August 12, 2002, the summary of the facts charged, B, an employee of the defendant, violated the restriction on the operation of the road management agency by loading freight of 1.9 tons and 11.65 tons on the third axiss in excess of 10 tons out of the restriction on the operation of C trucks at the control station for the national highways 5 lines of the Crown-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, in connection with the defendant's service.

2. The former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 8976 of Mar. 21, 2008) which is a legal provision applicable to the facts charged of this case and Article 86 of the former Road Act (amended by Act No. 4920 of Mar. 21, 2008), where an agent, employee or other worker of an individual commits a violation under Article 83 (1) 2 of the Act, the individual shall be punished by a fine under the corresponding Article

“The portion was retroactively invalidated in accordance with the Constitutional Court’s decision of unconstitutionality (see Constitutional Court Order 2010Hun-Ga24, Oct. 28, 2010).

Therefore, the facts charged in this case constitute a crime, and thus, is not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.

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