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(영문) 전주지방법원 2017.04.20 2017고단334

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On November 29, 1993, A, an employee of the Defendant, on the summary of the facts charged, failed to comply with the measurement of load load of an excessive vehicle at the inspection station at the Mali-si, Matri-si, Matri-si, Matri-si, Matri-si, Matri-si, Ma

2. The former Road Act (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995) which is a legal provision applicable to the facts charged of this case, where an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 2 of the Act in connection with the business of the corporation, the corporation shall be fined under the corresponding Article.

Article 47(3) of the Constitutional Court Act was retroactively invalidated on October 25, 2012 by the Constitutional Court Decision 2012HunGa18 Decided October 25, 2012.

In addition, 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 deemed to be a crime.

Thus, the facts charged of this case constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.