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(영문) 광주지방법원 2016.05.27 2016고단1096

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On February 23, 1994, 01:23, 01:23, 1994, A, an employee of the Defendant, refused a request for the measurement of load load by the road management agency without any special reason while he loaded and operated the freight on the road in front of the check-up station located in ri-gun, Chungcheongnam-gun-gun, Chungcheongnam-gun, Chungcheongnam-do.

2. 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) which applies to the facts charged in the instant case, where an agent, employee or other worker of a corporation commits a violation under Article 84 subparagraph 2 of the said Article with respect to the business of the corporation, the said corporation shall be punished by a fine under the said Article.

The Constitutional Court Decision 2012Hun-Ga18 Decided October 25, 2012 and Article 47(3) of the Constitutional Court Act retroactively lost its effect.

In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be limited to the case where it is not committed.

3. The instant facts charged constitute a crime and thus, the Defendant is acquitted on the basis of the former part of Article 325 of the Criminal Procedure Act.