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(영문) 대구지방법원 김천지원 2013.03.26 2013고단74
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a juristic person established for trucking transport business, etc., and employees B, with respect to his duties, violated the restrictions on the operation of vehicles by the road management authority by allowing CK truck to load a mooring at the 10 tons or more of the 11.7 tons of the 2 axis of the 2 axis of the 2 axis of the 1996 Dognam-si, Sungnam-si, the Dognam-si, on November 26, 1996, along the 10 tons or more of the 197 Dognam-gu'

2. The prosecutor charged the facts charged in this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), and the Constitutional Court made a decision that "where an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under the relevant provision shall be imposed on the corporation," in Article 86 of the above Act, "the above provision of the Act shall be imposed on the corporation retroactively."

Thus, the facts charged in this case constitute a case that does not 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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