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(영문) 제주지방법원 2014.06.16 2014고단578

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Around 20:40 on October 26, 1995, the Defendant violated the restrictions on vehicle operation of the road management agency by driving the Defendant’s employees at a 11.1 ton of more than 10 ton of the C Freight 10 ton of the C Freight 10 tons owned by the Defendant, with respect to the Defendant’s business at a point of 20.4km Highway.

2. In the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010, the Constitutional Court ruled that "where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the said corporation shall be punished by a fine under Article 83 (2) of the Constitutional Court Act, and thereby, 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) applied to the facts charged in this case by the public prosecutor, the said provision of the Act retroactively loses its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act."

Therefore, since the facts charged in this case are not a crime, it is judged not guilty under the former part of Article 325 of the Criminal Procedure Act.