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(영문) 대전지방법원 2016.01.22 2015고단4428
도로법위반
Text

The defendant is not guilty. The summary of the above judgment shall be publicly notified.

Reasons

1. The Defendant is the owner of A truck, and the employee B violated the restriction on operation by loading freight of 11.1 ton on the 4 axiss, exceeding 10 ton in front of the Ulsan High Inspection Station at a four-lane point of Ulsan High Highway, a four-meter radius from September 15:58, 1994, with respect to his duties.

2. The judgment prosecutor applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); and the punishment of a fine of KRW 500,00 is finalized by a summary order subject to review; however, if an agent, employee or other worker of a corporation commits a violation under Article 83 (1) subparagraph 2 of the said Act in Article 86 of the said Act, the said corporation shall also be punished by a fine under the relevant Article.

“The Constitutional Court Decision 2011Hun-Ga24 dated December 29, 2011 rendered that this part was retroactively null and void with respect to the part “.”

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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