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(영문) 전주지방법원 2017.03.24 2017고단320
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On November 21, 1994, at around 2:57, A, an employee of the Defendant, loaded freight of 11.4 tons of the freight at the 3 axis of B truck, and operated it over a limited axis, at the speed of high speed, at 270 king-si, a pay high speed vehicle located in the king-gun located in the main region located in the front north-west-gun of B, 1994.

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 1 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 2011Hun-Ga24 Decided December 29, 201 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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