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(영문) 대구지방법원 상주지원 2017.08.22 2017고단357

도로법위반

Text

The defendant shall be innocent.

Reasons

The facts charged of the instant case (as amended by Act No. 4545, Mar. 10, 1993; as amended by Act No. 4920, Jan. 5, 1995; hereinafter “former Constitutional Court Decision 2011Hun-Ga24, Dec. 29, 201; hereinafter “The Constitutional Court Decision 2011Hun-Ga6, Dec. 24, 201; hereinafter “the legal entity’s agent, employee, or other worker” in Article 83(1)3 of the former Road Act in Article 86 of the said Act shall also be punished by a fine, if the legal entity commits a violation under Article 83(1)3 in connection with its business.

“The portion of the above facts charged is unconstitutional and thus the penal provision on the above facts charged becomes retroactively null and void. It is not guilty in accordance with the former part of Article 325 of the Criminal Procedure Act as it does not constitute a crime.