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(영문) 서울중앙지방법원 2015.01.15 2014고단9561
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On September 16, 1993, at around 17:10 on September 16, 1993, the Defendant violated the Defendant’s restriction on vehicle operation of the road management agency by driving the freight of 10.2t and 3 11.2t on the 2 axis in excess of 10t of the Defendant’s use-user-user-user-user-user-user-user-user vehicle weight limitation at the National Highway Construction Department Budget Office Maintenance and Construction Office Maintenance Inspection Station.

2. The Constitutional Court rendered a decision of unconstitutionality as to Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995) that “if an agent, employee or other worker of a corporation commits an offense as prescribed in Article 84 subparagraph 1 in connection with the business of the corporation, a fine as prescribed in the corresponding Article shall be imposed on the corporation,” and thereby, Article 47(2) of the Constitutional Court Act (amended by Act No. 4920, Dec. 29, 201) was retroactively invalidated.

3. According to the conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act

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