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(영문) 서울서부지방법원 2018.03.30 2018고단149
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around 06:19 on April 20, 2003, the summary of the facts charged against the Defendant’s duty by running a C Kash truck loaded with 1.04 tons in the 4 axis, in excess of 10 tons at the place of business in the southan river, which is a point of 274 kilometers of the Yan Highway, in excess of 10 tons at the place of business in the southan river.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which applies to the facts charged in the judgment, "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 Article shall also be imposed on the corporation," the effect of the provision that "a fine under the relevant Article shall be imposed on the corporation," which applies to the facts charged in the judgment, is retroactively invalidated by the decision of unconstitutionality [the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) of the Constitutional Court Decision 2010, Oct. 28, 2010].

Thus, the facts charged of 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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