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(영문) 수원지방법원 안산지원 2014.08.27 2014고단1654
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in transportation business as the owner of the A Twitter freight.

On March 21, 2005, around 13:48, 2005, the government violated the restriction on the operation of vehicles by the road management authority as it operated more than 2.8m wide 2.8m wide 2.5m by operating the above cargo vehicle with respect to the defendant's service.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) to the facts charged in the instant case, and the defendant was notified of the summary order subject to reexamination and confirmed.

On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which is in violation of the Constitution (the Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined)). Accordingly, the above Article 86 of the former Road Act retroactively lost its effect pursuant to the proviso of 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, a judgment of not guilty under the former part of Article 325 of the Criminal Procedure Act

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