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(영문) 광주지방법원 2013.09.26 2013고단3787
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the defendant's employee loads and operates on June 19, 1995, around 01:48, in connection with the defendant's work, at the lower-speed expressway at a point of 385.2 km from the Southern Sea Line at a point of 385.2 km, with regard to the defendant's duty, 11.2t and total weight of 38.6t salt from A.

9. Around 18:00:37, the same vehicle loaded and operated the 11.2t of the 5 string of the 5 string of the same vehicle and the total weight of 38.5t of the same vehicle, thereby violating the restrictions on the operation of the vehicle by the road management authority.

2. The prosecutor brought a public prosecution against the above charged facts by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005) to the above charged facts.

However, in Article 86 of the above Act, the phrase "if an agent, employee or other worker of a corporation commits an offense pursuant to Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article." The Constitutional Court Decision 2010Hun-Ga38 Decided October 28, 2010, retroactively lost its effect.

3. According to the conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment in this case is publicly announced pursuant to Article 440 of the Criminal Procedure Act and Article 5

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