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(영문) 광주지방법원 순천지원 2017.11.02 2017고단1569

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged, around January 15, 2008, at around 20:56, the Defendant’s employee violated the restriction on the operation of the vehicle by driving the vehicle loaded with B cargo at a level exceeding 44.56 tons in excess of 163 km in front of the business establishment of the Corporation at a point of 163.3km in South and North Korea, and thereby violating the restriction on operation of the vehicle.

2. In the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008), which is the legal provision applicable to the facts charged of this case, "if an agent, employee, or other worker of a corporation commits an offense as prescribed in Article 83 (1) 2 (Article 84 (1) 1 of the former Act), the part that "if the agent, employee, or other worker of the corporation commits an offense as prescribed in Article 83 (1) 2 (Article 84 (1) of the former Act), the legal provision that applies to the facts charged of this case, the decision of unconstitutionality was rendered by the Constitutional Court Decision 2008Hun-Ga17 decided Jul. 30, 2009 that the above provision of this Act retroactively lost its effect.

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