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(영문) 서울남부지방법원 2016.04.29 2016고단1231

도로법위반

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is the driver of B truck, and the defendant is the owner of the above vehicle and the user of A, and A around 17:00 July 30, 1998, the defendant violated the restrictions on the operation of the vehicle of the Road Management Agency by operating more than 10 tons in front of the 68.2 kilometers of the west Coastal Highway, which is a 68.2 kilometer located on the street, and operating more than 10 tons of the statutory limit under the 11.3 tons of the above vehicle.

2. The Constitutional Court Decision 201Hun-Ga24 decided December 29, 201, which decided on the Constitutional Court Decision 2011Hun-Ga4, was amended by Act No. 4545, Mar. 10, 1993; and it was amended by Act No. 4920, Jan. 5, 1995) Article 86 of the former Road Act, which applied by a prosecutor to the facts charged in this case, "where an agent, employee or other worker of a corporation commits an offense provided for in subparagraph 1 of Article 84 with respect to the business of the corporation, the corporation shall also be punished by a fine provided for in the corresponding Article.

“The Court rendered a decision of unconstitutionality on the part above, and thereby, the said provision of the law was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

3. If so, the instant facts charged constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is publicly announced pursuant to Article 58(2) of the Criminal Act.