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(영문) 대구지방법원안동지원 2020.08.18 2020고단433
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The facts charged are D 19.5 tons dump truck drivers belonging to the Defendant, and C is an employee of C, and C is an employee of C, and C around 18:59 on July 15, 1993, when the operation of a vehicle exceeding 10 tons among cattles is restricted, the national highway prior to the principle of 11.2 tons and 10.8 tons on the third dump dump dump dump dump dump dump dump dump dump driver, which violates the restriction of the Office of Administration, and the Defendant, his employee, was over-run.

2. The prosecutor of the judgment applied Article 86, Article 84 subparagraph 1, and Article 54 (1) of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) to the above charged facts, and the prosecution was instituted by applying Article 86, Article 84 subparagraph 1, and Article 54 (1), and the summary order of KRW 200,00 was notified and finalized by this court.

However, after the above summary order became final and conclusive on December 29, 201, the Constitutional Court rendered a decision of unconstitutionality as to Article 86 of the above Act that "if an agent, employee, or other employee of a corporation commits an offense under Article 84 subparagraph 1 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article)." Accordingly, the above legal provision becomes retroactively null and void pursuant to the main sentence of Article 47 (3) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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