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(영문) 서울중앙지방법원 2015.01.15 2014고단9560

도로법위반

Text

The defendant shall be innocent.

Reasons

1. At around 00:06 on July 29, 1993, the Defendant violated the instant charges on the vehicle operation restriction of the road management agency by operating the freight loaded at the third dunes 11.4t, 4t, and 11.6t on the fourth mp in excess of 10t of the limitation on the loading of the weight of the freight vehicle at the front of the patrol station over the expressway at a point of 7.4km of the Gyeong Highway 7.4km of the Gyeong-do-do-do-do-do-n

2. The Constitutional Court rendered a decision of unconstitutionality as to Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995) that “if an agent, employee or other worker of a corporation commits an offense as prescribed in Article 84 subparagraph 1 in connection with the business of the corporation, a fine as prescribed in the corresponding Article shall be imposed on the corporation,” and thereby, Article 47(2) of the Constitutional Court Act (amended by Act No. 4920, Dec. 29, 201) was retroactively invalidated.

3. According to the 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