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(영문) 창원지방법원 2013.11.04 2013고단3078
도로법위반
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The facts constituting the crime of this case (retailing the suspect as the defendant) are as shown in the annexed criminal facts of this case.

2. A public prosecutor was prosecuted by applying Article 86 and Article 84 subparagraph 1 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) to the above facts charged. However, the Constitutional Court rendered a decision on December 29, 201 that "where an agent, employee, or other worker of a corporation commits a violation under subparagraph 1 of Article 84 of the former Road Act with respect to the corporation's business pursuant to Article 86 of the former Road Act (amended by Act No. 4920, Dec. 24, 201, the above part of Article 86 of the former Road Act was retroactively invalidated."

Therefore, since the above facts charged constitute a case that does not constitute a crime, it is judged not guilty under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced under Article 440

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