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(영문) 대구지방법원 포항지원 2017.08.18 2017고단846
대응되는 죄명 없음(2010.02.27 전환)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person driving B truck, and the defendant is a corporation established for the purpose of truck transport business, etc., which is a user of A.

The defendant A, who is an employee of the defendant, committed a violation in connection with the defendant's business as follows:

On December 03, 1998, the Defendant violated the restrictions on the operation of vehicles by operating the said cargo while loaded with the cargo of 11.1 ton of 10.4 ton of 10.4 ton of 10.4 ton of 3 ton of 19.3 ton of 10.4 ton of 19.3 ton of 2 ton in front of the check-up station of effective eromatic control over enzymmetrics, which are in force automatic.

2. The decision of the Constitutional Court rendered on October 28, 2010 by the Constitutional Court Decision 14, 15, 21, 27, 35, 38, 44, and 70 (merger) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005) that applied the facts charged by a prosecutor to the facts charged in the instant case shall also be subject to a fine under Article 86 of the former Road Act (amended by Act No. 4920 of Dec. 5, 1995).

“The Court rendered a decision of unconstitutionality on the part above.”

Accordingly, the above provision of the law was retroactively invalidated in accordance with the proviso of Article 47 (2) of the Constitutional Court Act.

3. The instant facts charged constitute a crime and thus, the Defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the Defendant’s judgment under Article 440 of the Criminal Procedure Act is publicly announced.

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