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(영문) 춘천지방법원 2015.10.29 2015고단875
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged of this case is that C, an employee of the defendant, was in violation of the restriction on the operation of vehicles exceeding 4 meters in height, 2.5 meters in width, and 16.7 meters in length in order to preserve the structure of the road covering the 1st of the national highways in order to cover the risks of traffic and to prevent the risks of traffic by carrying containers into DKa Truck truck on December 5, 1998 in order to take the Defendant’s work on the emulculation, and by using DKa truck on the emulculation in Seoul, the size of the load of the above vehicle was measured at 3 meters in width and 0.5 meters in width.

2. As to the facts charged in the instant case, the prosecutor charged a public prosecution by applying Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; hereinafter “former Road Act”) to the facts charged in the instant case, and the above summary order was notified and finalized.

However, after the above summary order became final and conclusive, the part of Article 86 of the former Road Act stating that "if an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article." In accordance with the above decision, the corresponding provision of the same Act, which is applicable mutatis mutandis to the facts charged, was retroactively invalidated.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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