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(영문) 서울중앙지방법원 2014.02.13 2014고단558
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On December 8, 1993, the Defendant violated the restriction on vehicle operation of the road management authority by operating the freight exceeding 11.5 tons exceeding 10 tons out of the limitation 11.5 tons in the second axis of the BF, which was owned by the Defendant, in front of the Seoul trucking line 20.4km, around December 8, 1993, at the top of the Seoul trucking line 20.4km.

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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