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(영문) 서울남부지방법원 2017.11.07 2017고단3809

도로법위반

Text

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. Around July 27, 1993, the summary of the facts charged in the instant case violates the restriction on the operation of vehicles of the road management agency by loading and operating freight exceeding the restriction (scale weight) of D freight vehicles owned by the Defendant in relation to the Defendant’s business at the inspection station of the vehicle of the Gwangju Metropolitan City, Korea-Road Corporation.

2. As to the facts charged of this case, the prosecutor of the judgment shall, in case where an agent, employee, or other worker of the corporation commits a violation under Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and Act No. 4920 of Jan. 5, 1995), be punished by a fine under the corresponding provision of Article 86.

A public prosecution was instituted by applying the part "," and the defendant received a summary order and the above summary order against the defendant became final and conclusive.

Accordingly, the Constitutional Court rendered a decision of unconstitutionality on December 29, 201 as to the above provision of the law (Supreme Court Decision 201Hun-Ga24 Decided December 29, 201). Accordingly, the above provision of the law was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

Thus, since the facts charged in this case constitute a case that does not constitute a crime, the court rendered a judgment of innocence pursuant to the former part of Article 325 of the Criminal Procedure Act and publicly announced the summary of this judgment pursuant to Article 58(2) of the Criminal Act.