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(영문) 서울중앙지방법원 2020.11.26 2020고단3665
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case was in violation of the vehicle operation restriction around 01:50 on December 9, 2007 by the driver affiliated with the Defendant.

2. The part of Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008), which is the applicable provisions to the facts charged in this case, "where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which is subject to a decision of unconstitutionality on July 30, 2009 (the Constitutional Court Order 2008HunGa17, Jul. 30, 2009) and the part of the above law, which is retroactively invalidated.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced under the main sentence of Article 440

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