beta
(영문) 청주지방법원 제천지원 2015.07.14 2015고단286

도로법위반

Text

The defendant shall be innocent.

Reasons

1. A summary of the facts charged against the Defendant: (a) on March 9, 1994, at the time of permanent residence around 00:10 on March 9, 1994, the Defendant violated the restriction on the operation of the vehicle by operating the freight vehicles exceeding the load capacity at the control inspection station of the mobile vehicle in the household-type.

2. As to the facts charged in this case, the public prosecutor instituted a public prosecution by applying Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) that "if an agent, employee or other worker of a corporation commits an offense under Article 84 (1) with respect to the business of the corporation, a fine under the pertinent Article shall be imposed even on the corporation," and the summary order subject to review was notified and finalized.

However, after a summary order subject to review becomes final and conclusive, the Constitutional Court rendered a decision that the above part violates the Constitution (the Constitutional Court Order 201Hun-Ga24 Decided December 29, 201), and the above part was retroactively invalidated pursuant to Article 47 of the Constitutional Court Act.

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