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(영문) 광주지방법원 목포지원 2016.05.31 2016고단329
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Violation of restrictions on the operation of Seoul's business offices as a result of the construction works in Korea on August 23, 2004, 12016 order 329 AB B B on August 23, 2004, which belongs to the summary of the facts charged by the case number No. 18:46, Nov. 15, 2007;

2. Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) which applies to the facts charged in the instant case, where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall also be punished by a fine under the relevant Article.

"The portion" is the Constitutional Court Order 2008Hun-Ga17 decided July 30, 2009, and Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), where an agent, employee or other worker of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine provided for in the corresponding Article.

“The portion” was retroactively invalidated by the Constitutional Court Decision 2010 14,15,21,27,35,38, 44,70 (merger) Decided October 28, 2010, respectively.

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

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