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(영문) 광주지방법원 2017.03.16 2017고단506

도로법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged of this case is as follows: “The Defendant’s employee violated the restriction on the operation of the vehicle at a point of 381.9 km on January 9, 2004, at a point of 381.9 km on the 381.9 km on the Highway, thereby violating the Defendant’s duties.

“.....”

In Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the legal provisions applicable to the facts charged, "where an agent, employee or other employee of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation." The effect of "the portion of the fine provided for in the relevant Article shall be retroactively invalidated pursuant to the Constitutional Court Decision of 2010Hun-Ga decided on Oct. 28, 2010, and Article 47 (3) of the Constitutional Court Act.

Accordingly, the above facts charged constitute a crime and thus, the defendant is acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act.