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(영문) 서울중앙지방법원 2017.11.02 2017고단6386
도로법위반
Text

The defendant shall be innocent.

Reasons

1. A, an employee of the Defendant, committed a violation of the Defendant’s duties by loading and operating freight of 11 ton on the 2 axis and 11.5 ton on the 3 axis in excess of 10 ton in excess of the limit of 10 ton on the 2 axis of the B truck owned by the Defendant at around 00:25 on April 8, 1993.

2. In the Constitutional Court Decision 201Hun-Ga24 Decided December 29, 201, the Constitutional Court held that when an agent, employee or other worker of a corporation commits a violation provided for in subparagraph 1 of Article 84 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) applied to the facts charged in the instant case, the Constitutional Court shall also be punished by a fine provided for in the relevant Article.

“The Court rendered a decision of unconstitutionality on the part above, 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.

3. If so, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.

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