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(영문) 전주지방법원 2017.03.24 2017고단330
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On March 8, 1994, A, an employee of the Defendant, refused to comply with the Defendant’s demand for the measurement of the load load of B trucks in front of the inspection station in front of the inspection station in the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

2. The former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) which is a legal provision applicable to the facts charged of this case, where an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 2 of the Act in connection with the business of the corporation, the corporation shall also be fined under the corresponding Article.

“The effect of the part” was the Constitutional Court Decision 2012HunGa18 Decided October 25, 2012 and the Constitutional Court Decision 47 Section 3 of the Constitutional Court Act retroactively lost.

In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be deemed to be a crime.

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

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