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(영문) 서울중앙지방법원 2014.02.13 2014고단560
도로법위반
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, around August 11, 1993, the Defendant violated the restriction on vehicle operation by the road management authority by loading 12 tons at the 2nd axis and 12 tons at the 3rd axis, while operating water sand on the part of the Defendant’s employees on the part of the Defendant’s C cargo vehicles in which the Defendant’s employees loaded 12 tons at the 2nd axis and 12 tons at the 3rd axis, while operating the 2nd to the 3rd axis.

2. In the Constitutional Court Decision 201Hun-Ga24 Decided December 29, 201, the Constitutional Court rendered a decision of unconstitutionality on the part that "if an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," which is retroactively invalidated under the proviso of Article 47 (2) of the Constitutional Court Act, which is applied by a prosecutor to the facts charged in this case.

3. Therefore, the facts charged in this case constitute a crime and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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