beta
(영문) 대구지방법원 의성지원 2015.11.19 2015고단192

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On November 22, 1994, the Defendant: (a) 14:17 on November 22, 1994, the Defendant: (b) 1.4 tons of a dump truck with more than 1.7 tons of sand on the local highway No. 910 prior to the dump sump truck, operated on the local highway No. 315 tons of a dump truck.

2. As to the facts charged in this case, the public prosecutor was prosecuted by applying the part of Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) that "if an agent, employee, or other worker of a corporation commits an offense under Article 84 (1) with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article," and the summary order subject to retrial was notified and finalized.

However, after a summary order subject to review becomes final and conclusive, the Constitutional Court rendered a decision that the above part violates the Constitution (the Constitutional Court Order 201Hun-Ga24 Decided December 29, 201), and the above part was retroactively invalidated pursuant to Article 47 of the Constitutional Court Act.

3. If so, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered under the former part of Article 325 of the Criminal Procedure Act.