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(영문) 대구지방법원 상주지원 2017.08.18 2017고단337

도로법위반

Text

The defendant shall be innocent.

Reasons

The facts charged of the instant case (as amended by Act No. 4920, Jan. 5, 1995; as amended by Act No. 7832, Dec. 30, 2005; hereinafter the same shall apply) under Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 86, Oct. 28, 2010; 14, 15, 21, 27, 27, 35, 38, 44, 70 (Joint) by the Constitutional Court Decision No. 86 of the instant Act, where an agent, employee or other worker of a corporation commits an offense under Article 83(1)3 of the former Road Act (amended by Act No. 7832, Oct. 28, 2010);

“The portion of the above facts charged is unconstitutional and thus the penal provision on the above facts charged becomes retroactively null and void. It is not guilty in accordance with the former part of Article 325 of the Criminal Procedure Act as it does not constitute a crime.