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(영문) 광주지방법원 2013.03.26 2013고단589
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is as follows: (a) around 03:36 March 3, 1994, on the part of the Defendant’s employee A, with respect to the Defendant’s work, the Defendant escaped, despite the direction of the field workers in the vicinity of the mountain field of the mountain field of the Yannam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) around 00:19 on April 7, 1994, in excess of 10t out of the limited axis at the same place; and (c) in excess of 10t of 11.32t of B freight while the third string of B freight was loaded and operated by the road management authority.

2. The prosecutor brought a public prosecution against the above charged facts by applying Article 86, Article 84 subparagraph 1, and 2 of the former Road Act (amended by Act No. 4545 of March 10, 1993, and amended by Act No. 4920 of January 5, 1995).

However, Article 86 of the above Act provides that "if an agent, employee, or other servant of a corporation commits an offence provided for in Article 84 (1) and (2) in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article," the Constitutional Court Order 2011Hun-Ga24 Decided December 29, 201 and the Constitutional Court Order 201Hun-Ga18 Decided October 25, 201, retroactively lost its effect.

3. According to the conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment in this case is publicly announced pursuant to Article 440 of the Criminal Procedure Act and Article 5

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