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(영문) 대전지방법원 2019.03.18 2018고단3835
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On September 25, 1993, the Defendant: (a) as the owner of C Freight, had D, who is the driver of C Freight, operate an excessive 3.7 tons of 3.7 tons and 3 4.2 tons of 3 tons on the roads in front of the Daegu Highway Corporation's business office; (b) around September 25, 1993.

2. On December 29, 201, Constitutional Court Decision 2011Hun-Ga24 Decided December 29, 201, the part of Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; amended by Act No. 4920, Jan. 5, 1995) that “where an agent, employee, or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the Act, the said corporation shall be punished by a fine under the pertinent Article, even if the person commits an offense.” Thus, the part of Article 47(2) of the Constitutional Court Act applicable to the above facts charged retroactively loses its effect pursuant to the proviso to Article 47(2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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