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(영문) 서울중앙지방법원 2021.02.09 2021고단199
도로법위반
Text

The defendant shall be innocent.

Reasons

On December 27, 1993, 10:34 on December 27, 1993, B, the user of the defendant, was driving a C5 tons truck owned by the defendant with respect to the defendant's business and operated 3 out of the 11.1 ton of the axis of the above vehicle at the top line business office located 26.8 km between the board of directors and the 26.8km.

2. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993, and amended by Act No. 4920, Jan. 5, 1995), which applies to the facts charged of this case, "where an agent, employee, or other worker of a corporation commits a violation under Article 84 subparagraph 1 of the Act in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which is the legal provision applicable to the facts charged of this case, was retroactively invalidated by the Constitutional Court’s decision that the 2011Hun-Ga, which is 24th of December 29, 201, was unconstitutional.

3. According to the conclusion, 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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