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(영문) 광주지방법원 2014.04.09 2014고단685
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is as follows: (a) around 12:50 on April 1, 2004, when the Defendant’s employees A operated B vehicles in relation to the Defendant’s duties in the office of inspection of a restricted vehicle located in the office of inspection of a vehicle located in the front line of the National Highway No. 17, the National Highway No. 17, which was located in the front line of the National Highway No. 2004, the Defendant’s employees violated the restriction on the operation of the vehicle by carrying the freight with the length of 16

The prosecutor prosecuted the charged facts of this case by applying 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). The summary order of KRW 500,000 was notified in this court.

However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article." (The Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010) that "The above provision of the above Act, which is applicable provisions of the facts charged, retroactively loses its effect."

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

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