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(영문) 대구지방법원 포항지원 2017.08.18 2017고단844
도로법위반
Text

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

Reasons

1. The summary of the facts charged A is a person driving B cargo vehicles, and the defendant is a corporation established for the purpose of trucking 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:

A On November 16, 2001, at the port of port 09:45, at the port of port 09:45, A violated the restrictions on the operation of vehicles in the road management agency by operating at the inspection station of vehicle control (influence) the size of B freight vehicles 19.0 meters in length of the restriction, 22.50 meters in length of the restriction exceeding 4.0 meters in height, and 4.20 meters in height of the restriction.

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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