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(영문) 전주지방법원 2016.03.09 2015고단2027
도로법위반
Text

The defendant shall be innocent.

Reasons

1. With respect to the Defendant’s duties as to the charge, at around 2:28 May 13, 1994, the Defendant’s employees A, at the 11.265 tons on the line 14, 11.265 tons at the 14th line, prior to the police box of Sejong-dong, Daejeon-gu, Daejeon-gu, Daejeon-si, and the 11.265 tons at the 4 axis, exceeding 10 tons among the 10 tons of the 15 tons of the 15 tons of the limitation on loading, and 2) on the 28th line of May of the same month, around 5:15, the Defendant’s employees A, at around 905, operated the above 12.5 tons from the 905 line on the 4th line, at around 105, in excess of 10 tons of the limitation on loading. 3)

6. Around 22:24 around 22:24, the vehicle was operated in excess of 32.4 tons of the gross weight of 35 tons on the vessel of Mai-gu, Mai-si, Mai-si, Mai-si, Mai-si, Mai-si.

2. The former Road Act (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of 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 as prescribed in Article 84 subparagraph 1 of the Act in connection with the business of the corporation, the corporation shall also be fined as prescribed in the corresponding Article.

“The effect of the part” was retroactively invalidated in accordance with the Constitutional Court Order 2011Hun-Ga24 Decided November 29, 201 and Article 47(3) of the Constitutional Court Act.

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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