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(영문) 광주지방법원 2017.03.16 2017고단245

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is as follows: “The Defendant’s employee violated the restriction on the operation of vehicles at the 18 km point in Seoul Metropolitan City Construction Work Establishments at the 18 km point in the Gannan Highway, the Seoul Metropolitan Government, thereby violating the Defendant’s duties.

“.....”

In Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008), which is the legal provision applicable to the above facts charged, "where an agent, employee, or other employee of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation", the part of Article 86 of the former Road Act (amended by Act No. 8976 of Dec. 30, 200), which is the legal provision applicable to the above facts charged, becomes retroactively null and void in accordance with the Constitutional Court Order 2008Hun-Ga, Supreme Court Order 17Hun-Ga, and Constitutional Court Decision

Accordingly, the above facts charged constitute a case that does not constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.