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(영문) 울산지방법원 2018.07.10 2017고단4500
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On November 9, 1994, at around 12:56 around 12:56, the Defendant, an employee of the Defendant, operated the cargo loaded with freight of 11.2 tons out of the 5 cattle, in excess of 10 tons of the limitation to the above truck from a pay-off road of 170 local highway 312, Doang-dong, 1994.

2. The Constitutional Court Decision 201Hun-Ga24 decided December 29, 201, which held that the public prosecutor applied the facts charged in the instant case in accordance with Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); and Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995), “if an agent, employee, or other worker of a corporation commits an offense as prescribed in subparagraph 1 of Article 84 with respect to the business of the corporation, the corporation

“The Court rendered a decision of unconstitutionality that the part is in violation of the Constitution, and thereby, the above provision of the law was retroactively invalidated in accordance with the main sentence of Article 47(3) of the Constitutional Court Act.

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

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