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(영문) 광주지방법원 2015.08.12 2015고단2578
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of each of the facts charged in the instant case is that the Defendant’s employee Gap loaded the cargo at around July 13, 2002, at around 13:17, the 11.2 tons exceeding 1.2 tons of a reduced weight at the front of the coastwise Highway Gun Office, while the Defendant’s employee violated the restriction on the vehicle operation of the road management authority by operating the 13.1 ton exceeding 3.1 ton of a reduced weight at the front of the coastwise Highway Gun Office, on July 23, 2002.

However, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions for each of the facts charged in this case, "where an agent, employee or other worker of a corporation commits an act of violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article, even the corporation shall be punished by a fine." The Constitutional Court's decision on the unconstitutionality of Article 2010Hun-Ga38 of Oct. 28, 2010 and the proviso of Article 47 (2) of the Constitutional Court Act was retroactively invalidated.

Thus, since each of the facts charged in this case constitutes a case that does not constitute a crime, it shall be acquitted under the former part of Article 325 of the Criminal Procedure Act.

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