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(영문) 광주지방법원 순천지원 2017.08.25 2017고단1535

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Around 12:30 on March 22, 2003, the summary of the facts charged, the Defendant’s user, went through the road management agency without good cause while driving a DNA track at the front of the inspection station of the vehicle subject to the restriction on the re-transporting operation of the Manyang-dong Manyang-si in light of lightyangyang-si, without complying with the request for measurement by the road management agency.

2. As to the facts charged of this case, the prosecutor charged a public prosecution by applying Articles 86, 83(1)3, and 54(2) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 7832, Dec. 30, 2005) to the facts charged of this case, and the summary order of KRW 2,00,000 was notified and finalized in this court.

After the above summary order has been issued, the Constitutional Court of Korea on January 29, 2015, when an agent, employee or other worker of a corporation commits an offense under Article 84 (1) with respect to the business of the corporation on January 29, 2015, Article 86 of the above Act shall also be punished by a fine under the corresponding Article.

“The Constitutional Court rendered a decision of unconstitutionality as to the part above (2014Hun-Ga Decision 24), and thereby, the said provision of the Act was retroactively invalidated pursuant to the main sentence of Article 47(3) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.