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(영문) 서울중앙지방법원 2015.02.11 2015고단323
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged:

A. On October 31, 1994, around 11:50 on the 31:50 on the 11:0 on the 31:0 on the 1994, the road management agency violated the restrictions on the operation of vehicles by driving a dump truck with 12 tons in the 2nd axis in excess of 10 tons from among the restricted festivals of Cump truck in relation to the Defendant’s work;

B. At around 14:20 on Nov. 7, 1994, D, an employee of the Defendant, was in violation of the road management agency’s restriction on vehicle operation by operating C dump trucks with 12 tons and 12 tons of 3 dump trucks in the second dump truck in excess of 10 tons from among the restricted dump trucks in relation to the Defendant’s work.

2. In the Constitutional Court Decision 201Hun-Ga24 Decided December 29, 201, the Constitutional Court rendered a decision of unconstitutionality on the part that "if an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," which is retroactively invalidated under the proviso of Article 47 (2) of the Constitutional Court Act, which is applied by a prosecutor to each of the above facts charged by the public prosecutor.

3. According to the conclusion, the facts charged in this case constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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