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(영문) 서울동부지방법원 2015.09.09 2015고단1865
도로법위반
Text

The defendant shall be innocent.

Reasons

1. At around 20:05 on June 7, 1993, B, an employee of the Defendant, loaded and operated 11.3 tons of dump trucks with Cump trucks with Cump trucks 10 tons exceeding 10 tons at the 3 dump truck’s dump truck’s dump dump truck’s dump business office.

2. The prosecutor of the judgment applied Article 86, Article 84 subparagraph 1, and Article 54 (1) of the former Road Act (amended by Act No. 4545 of March 10, 1993, and amended by Act No. 4920 of January 5, 1995) to the above facts charged and the summary order against the defendant was finalized.

After that, the Constitutional Court made a decision that Article 86 of the former Road Act "if an agent, employee, or other servant of a corporation commits an offence under Article 84 (1) in connection with the business of the corporation, the corporation shall be punished by a fine under that Article."

On December 29, 2011, Constitutional Court Order 2011Hun-Ga24 decided on December 29, 2011. Accordingly, the provisions of the former Road Act, which is applicable provisions to the above charged facts, retroactively lost its effect.

3. According to the conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 32

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