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(영문) 춘천지방법원 원주지원 2017.04.27 2017고단251

도로법위반

Text

The defendant shall be innocent.

Reasons

1. A, a summary of the facts charged, loaded and operated on September 13, 1995, around 15:47, around September 13, 1995, at around 3.5 km, 44.4 tons of oil in excess of the gross weight on the roads prior to the business establishment of the North Korean Highway Daejeon.

2. 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 a legal provision applicable to the above facts charged, where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in relation to the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation.

“Inasmuch as the part in this case loses its effect retroactively according to the Constitutional Court’s decision of unconstitutionality, the facts charged in this case did not constitute a crime, thereby not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.