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(영문) 제주지방법원 2014.06.02 2014고단525
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around 12:10 on October 20, 1997, the Defendant violated the restriction on vehicle operation of the road management agency by operating the Defendant’s employees at the control station of the 13 lines of the national highway 13 lines located in Hando-gun, Jeonnam-do. regarding the Defendant’s business, the Defendant’s employees violated the restriction on vehicle operation of the road management agency by operating the Defendant’s 1.1 tons exceeding 10 tons of the limited cwn of the C truck owned by the Defendant.

2. In the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010, the Constitutional Court ruled that "where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the said corporation shall be punished by a fine under Article 83 (2) of the Constitutional Court Act, and thereby, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) applied to the facts charged in this case by the public prosecutor, the said provision of the Act retroactively loses its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act."

Therefore, since the facts charged in this case are not a crime, it is judged not guilty under the former part of Article 325 of the Criminal Procedure Act.

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