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(영문) 서울동부지방법원 2015.08.18 2015고단1864
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On July 15, 1993, at around 15:01 on July 23, 1993, B, an employee of the Defendant, was in violation of the restriction on the operation of vehicles by the road management authority by loading freight of 1.7 tons on the 2 axis and 1.4 tons of the limited weight exceeding 10 tons on the vehicle owned by the Defendant at the control station of the vehicle carrying 26.8km between the 15:01 and the 26.8km between the 26.8km and the 3 axis.

2. The prosecutor of the judgment applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995) to the facts charged in the instant case, and the Constitutional Court, in Article 86 of the same Act, rendered a decision that "if an agent, employee or other employee of a corporation commits a violation under Article 84 subparagraph 1 of the Act concerning the business of the corporation, a fine under the relevant Article shall be imposed on the corporation also be imposed on the corporation, which is in violation of the Constitution (the Constitutional Court Order 2011Hun-Ga24, Dec. 29, 201). Accordingly, Article 47 (3) of the Constitutional Court Act retroactively loses its effect

Therefore, the facts charged in 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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