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(영문) 서울중앙지방법원 2013.09.24 2013고단5081
도로법위반
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged as follows: (a) around 15:20 on December 22, 94, 15:20, in a restricted area where it is impossible to operate more than 10 tons per 45.5 km-line Hack-line 4 km-line Hack-line Hack-line 11.4 tons of sand from Ocsan to Seoul on the 4-scale 11.4 tons of the above vehicle; (b) damage a road structure with an excessive weight of 1.4 tons and damage the road structure at the same time; and (c) the Defendant violated the above provisions with regard to his duties at the time.

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.

It is so decided as per Disposition for the above reasons.

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