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(영문) 전주지방법원 군산지원 2017.02.08 2015고단605

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On November 29, 1993, A used the summary of the facts charged by the Defendant to run B truck loaded with sand in excess of 5.4 tons of weight, total weight of 13.8 tons at the temporary inspection station in the National Highway No. 29 of the National Road in the Dannam-nam National Road No. 29 on November 29, 1993.

2. The prosecutor of the judgment applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4545, Jun. 1, 1993; Act No. 4545, Jun. 1, 1993) to the facts charged in the instant case. The Constitutional Court Order 201Hun-Ga24 decided Dec. 29, 201 and Article 86 of the former Road Act "if an agent, employee or other worker of a corporation commits a violation under Article 84 subparagraph 1 of the former Road Act with respect to the business of the corporation, the corporation shall be punished by a fine under the relevant Article.

Article 47(2) proviso of the Constitutional Court Act provides that “The provision applicable to the above facts charged shall retroactively lose its effect in accordance with the decision of unconstitutionality.”

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by deciding not guilty of the defendant pursuant to the former part of Article 325 of the Criminal Procedure Act.