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(영문) 서울중앙지방법원 2017.05.02 2017고단2128
도로법위반
Text

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

Reasons

1. On September 6, 1994, around 23:56 September 1994, the Defendant, an employee of the Defendant, committed a violation of the Defendant’s duties by loading and operating freight of 10.1 ton on the third axis in excess of the limit while the truck owned by the Defendant at the inspection station of the cross-road 4 km truck on the Ulsan Highway.

2. The former Road (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995) which is a legal provision applicable to the above facts charged, where an agent, employee or other worker of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation.

The Constitutional Court Decision 2013Hun-Ga25 Decided November 28, 2013 and Article 47(3) of the Constitutional Court Act became retroactively null and void.

Thus, since the facts charged in this case constitute a case that does not constitute a crime, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and a public notice is made pursuant to Article 440 of the Criminal Procedure Act. It is so decided as per Disposition.

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