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(영문) 전주지방법원 남원지원 2016.06.21 2016고단52
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On August 13, 1993, the summary of the facts charged is as follows: (a) A, an employee of the Defendant, loaded and operated on an expressway at a point of 57.8 km away from the mid-to long-term highway (57.8 km) in front of the Gyeongan branch of the Gyeongan branch of the Gyeongan branch of the Gyeongan branch of the Gyeongan branch of the Gyeongan branch of the Gyeongan branch of the Gyeongan branch of the Gyeongan branch of the Gyeongan branch of the Gyeongan branch of the Gyeongan branch of the 11.2 tons of B

2. On the facts charged in this case, the public prosecutor filed a public prosecution by applying Article 86 and subparagraph 1 of Article 84 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) to the facts charged in this case.

In this regard, the Constitutional Court shall, when an agent, employee or other worker of a juristic person commits an offense under Article 84 (1) of the Act on the Business of the juristic person, be punished by a fine under the corresponding provision of Article 86.

“The Court rendered a decision that the portion is in violation of the Constitution (the Constitutional Court Decision 2011Hun-Ga24, Dec. 29, 201) (the Constitutional Court en banc Decision 2011Hun-Ga, supra).

Accordingly, the above provision of the law was retroactively invalidated in accordance with Article 47 (3) of the Constitutional Court Act.

3. Inasmuch as the instant facts charged constitute a case that does not constitute a crime, a judgment of not guilty is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.

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