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(영문) 서울중앙지방법원 2014.04.30 2014고단1432
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around 07:40 on December 9, 1994, the summary of the facts charged is as follows: (a) on the part of the defendant's employees, the non-existence of the name of the defendant's employees around the Busan Highway located in the Geum-gu, Busan Metropolitan City; and (b) on the part of the defendant's employees, the defendant violated the restriction on the operation of the road by driving the vehicle on the second axis more than 10t of the limitation on the weight of the CF's load

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. According to the conclusion, the facts charged in this case constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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