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(영문) 서울중앙지방법원 2014.02.13 2014고단559
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On June 29, 1994, the Defendant violated the charge of vehicle operation restriction by a road management authority by operating the Defendant’s employees as loaded with freight of 11.2 tons of 3 livestock, 11.1 ton of 4 livestock, in excess of 10 ton of 10 ton of 11.1 ton of 4 livestock, in the case of the Defendant’s business at the Incheon Tran Line Incheon at 00:36m of light-line 74km.

2. In the Constitutional Court Decision 201Hun-Ga24 Decided December 29, 201, the Constitutional Court rendered a decision of unconstitutionality on the part that "if an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," which is retroactively invalidated under the proviso of Article 47 (2) of the Constitutional Court Act, which is applied by a prosecutor to the facts charged in this case.

3. Therefore, the facts charged in this case constitute a crime and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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