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(영문) 수원지방법원 안산지원 2016.07.01 2016고단1878
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On August 26, 2003, at around 15:15, the Defendant violated the restriction on the operation of the vehicle of the road management agency by allowing B, who is the Defendant’s victim, to load the cargo (on the 2 axis, the weight of which exceeds 1.04 tons from 10 tons to 11.04 tons on the 3 tons of the 11.04 tons of the 3 tons of the 10 tons of the 11.04 tons of the 104 tons of the 3 tons of the 11.04 tons of the 3 tons of the 104 tons of the 1,04 tons of the 1,04 tons of the 1,04 tons of the 3 tons of the 26

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 8976 of Mar. 21, 2008) to the facts charged of the instant case. The Defendant was issued a summary order on Nov. 6, 2003, and the above summary order became final and conclusive around that time.

If an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 in relation to the corporation's business on July 30, 2009, the Constitutional Court shall, after the above summary order became final and conclusive, also impose a fine under the corresponding Article on the corporation.

Article 47(2) proviso of the Constitutional Court Act provides that “The part of “ ” is against the Constitution (The Constitutional Court Order 2008Da17 Decided July 30, 2009) and thus, the said provision of the Act was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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