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(영문) 광주지방법원 순천지원 2017.08.25 2017고단1567
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around 17:40 on July 30, 2002, the Defendant’s user of the charge, refused to comply with the Defendant’s request for the measurement of the load load by the road management agency without justifiable grounds while driving the FF vehicle in front of the E gas station located D, and refused to comply with the request for measurement of the load load by the road management agency without justifiable grounds while driving the said vehicle at the same place around October 23, 2004:30 of the same year.

2. As to the facts charged in the instant case, the prosecutor charged a public prosecution by applying Articles 86, 83(1)3, and 54(2) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 7832, Dec. 30, 2005) to each of the facts charged in the instant case, and the summary order of KRW 2,00,000 was notified and finalized in this court.

After the above summary order has been issued, the Constitutional Court of Korea on January 29, 2015, when an agent, employee or other worker of a corporation commits an offense under Article 84 (1) with respect to the business of the corporation on January 29, 2015, Article 86 of the above Act shall also be punished by a fine under the corresponding Article.

“The Constitutional Court rendered a decision of unconstitutionality as to the part above (2014Hun-Ga Decision 24), and thereby, the said provision of the Act was retroactively invalidated pursuant to the main sentence of Article 47(3) of the Constitutional Court Act.

Thus, 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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