beta
(영문) 창원지방법원 통영지원 2015.04.16 2015고단203

도로법위반

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is about November 11, 1993, the Defendant violated the restrictions on the operation of vehicles by the road management agency by carrying freight exceeding 1.3 tons of the permissible limit of 2 cattle 1.3 tons on the Defendant’s work at the street in front of the business establishment of the Southern Sea Highway.

2. In the Constitutional Court Decision 201HunGa24 Decided December 29, 201, the part of the above legal provision is retroactively null and void in accordance with the main sentence of Article 47(3) of the Constitutional Court Act, since Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) which applies to the facts charged in the instant case by a public prosecutor, “if an agent, employee or other employee of a corporation commits an offense provided for in subparagraph 1 of Article 84 in connection with the business of the corporation, a fine provided for in the relevant Article shall be imposed on the corporation.”

3. As the facts charged in this case constitute a case that does not constitute a crime, a judgment of innocence is rendered under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of the defendant is publicly announced under Article 58(2) of the Criminal