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(영문) 광주지방법원 2017.09.15 2017고단3050

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On November 22, 1995, at around 19:45 on November 22, 1995, Defendant A, the user of Defendant A, loaded freight of 11.3 tons of freight on the fourth axis of the freight vehicle owned by the Defendant and operated it in excess of 10 tons, which is the restricted weight in front of the check-up station in front of the extra-dong-dong-dong-Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Eup.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) 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 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article.

The Constitutional Court Decision 2010Hun-Ga38 Decided October 28, 2010 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 law 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.