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(영문) 광주지방법원 해남지원 2017.02.09 2017고단21
도로법위반
Text

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

Reasons

The summary of the facts charged in the instant case is that “A, an employee of the Defendant, was in violation of the Defendant’s duties by operating a B-owned vehicle loaded with containers on the 2 axis of the said vehicle and violating the restriction on the operation of the vehicle of the Road Management Agency, in excess of 10 tons during the axis at the 6.96 km-based establishment of the coastline at around 00:54 on November 16, 2006, at the 6.96 km-based establishment of the coastline.”

However, Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008), which applies to the facts charged of this case, "where an agent, employee or other worker of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation," which is subject to the provisions of Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005). The part that "if the agent, employee or other worker of the corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation, retroactively as the Constitutional Court Order 2008Hun-Ga 17 and Article 47 (3) of the Constitutional Court Act.

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