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(영문) 서울남부지방법원 2016.09.29 2016고단4205
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as shown in the annexed sheet;

2. The crime of this case is a crime under Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995). The Constitutional Court is a crime under Article 86 of the same Act where an agent, employee, or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the same Act in relation to the business of the corporation.

Article 47(2) of the former Constitutional Court Act (amended by Act No. 12597, May 20, 2014) decided that the part violates the Constitution (Supreme Court Decision 2011Hun-Ga24 Decided December 29, 201) and thus, the penal provision of this case, the content of which constitutes a violation of the Constitution, was retroactively invalidated pursuant to Article 47(2) of the former Constitutional Court Act.

Therefore, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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