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(영문) 춘천지방법원 2017.02.09 2016재고정6 (1)
도로법위반
Text

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

Reasons

1. The summary of the facts charged is that the Defendant is the user of B 18 tons of car truck, and A operated the truck at the Gangnam Highway Business Office around August 23, 2003, which exceeds 45.17 tons of legal gross weight exceeding 40 tons at the business office of the Gangseo Highway around 09:28.

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. 7832 of Dec. 30, 2005) to the above facts charged, and the defendant was notified of the summary order subject to review and confirmed.

In this regard, after the above summary order has become final and conclusive, when an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, Article 86 of the above Act shall be punished by a fine under the corresponding Article.

“The part “” was retroactively invalidated by the Constitutional Court Decision 14,15,21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010 by the Constitutional Court.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment in this case is publicly announced pursuant to Article 58(2) of the Criminal Act.

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