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(영문) 춘천지방법원 강릉지원 2013.10.22 2013고단620
도로법위반
Text

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

Reasons

1. On October 2, 2004, at around 18:36, the Defendant, a corporation established for trucking transport business, etc., the Defendant committed an offense against the Defendant’s business by loading and operating a chip of 4.41m high to C truck in excess of 4m high by B, who is an employee of the Defendant, at the inspection station of the cross-ri National Road 38 on the road of the non-ri-ri-ri National Road 38 on October 2, 2004. On October 12, 2004, at around 17:15, the Defendant committed an offense against the Defendant’s business by loading and operating the chip of 4.41m high to C truck in excess of 10 tons of restricted de facto de facto de facto de facto de facto 31 on the road of the 31st National Road, and the gross weight of 40 tons on the 40 tons of C truck.

2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) to the defendant's summary order as to the facts charged in this case, and the summary order was issued and confirmed as they are.

On October 28, 2010, the Constitutional Court rendered a ruling that "where an agent, employee, or other worker of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in Article 83 (1) 2 shall also be imposed on the corporation in accordance with the Constitution" in Article 86 of the former Road Act, which applies to the defendant by a ruling of the Constitutional Court en banc Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger). Accordingly, the part of the above provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2)

On the other hand, if the penal law or the legal provision becomes retroactively effective due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision shall be a crime.

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