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(영문) 인천지방법원 부천지원 2014.01.15 2013고단3460
도로법위반
Text

The defendant shall be innocent.

Reasons

1. It is as shown in the facts charged;

2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) to a summary order as to the facts charged of this case. The court issued a summary order on Apr. 22, 1996 with the summary order No. 140 of Apr. 22, 1996. The above summary order became final and conclusive around that time.

On October 28, 2010, the Constitutional Court rendered a decision that Article 86 of the former Road Act "if an agent, employee, or other worker of a corporation commits an act in violation of Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine in accordance with the Article 83 (1) 2 shall also be punished by the Constitution," and the above provision of the Act shall retroactively lose its effect in accordance with the proviso of Article 47 (2) of the Constitutional Court Act.

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

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