beta
(영문) 서울중앙지방법원 2020.11.26 2020고단7107

도로법위반

Text

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

Reasons

1. On November 26, 1994, a driver B belonging to the Defendant violated the vehicle operation restriction around 15:43 of November 26, 1994.

2. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) which is the applicable provisions to the facts charged in the instant case, “where an agent, employee or other worker of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the said corporation,” the Constitutional Court rendered a decision of unconstitutionality as of December 29, 201 (see Constitutional Court en banc Decision 2011Hun-Ga24, Dec. 29, 201); and Article 86 of the same Act, which is retroactively invalidated.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced under the main sentence of Article 440