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(영문) 부산지방법원 동부지원 2018.08.22 2018고단1523

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On November 19, 1994, the summary of the facts charged in the instant case, at around 10:00, the Defendant violated the restriction on the operation of the vehicle of the road management agency by loading and operating the freight exceeding the limit weight of the freight vehicles owned by the Defendant in relation to the Defendant’s duties.

2. The Constitutional Court Decision 201Hun-Ga24 decided December 29, 201, which held that the public prosecutor applied the facts charged in the instant case in accordance with Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); and Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995), “if an agent, employee, or other worker of a corporation commits an offense as prescribed in subparagraph 1 of Article 84 with respect to the business of the corporation, the corporation

“The Court rendered a decision of unconstitutionality that the part is in violation of the Constitution, and thereby, the above provision of the law was retroactively invalidated in accordance with the main sentence of Article 47(3) of the Constitutional Court Act.

Thus, the facts charged of this case constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.