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(영문) 서울중앙지방법원 2013.08.23 2013고단4135
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around 15:13 on October 19, 1994, the Defendant violated the restriction on vehicle operation of the road management authority by loading and operating freight of 11.2 tons in excess of the limitation on vehicle operation owned by the Defendant, on the front side of the branch office of the Korea Highway Corporation 20.4km along the Seoul Highway Corporation.

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. According to the conclusion, the facts charged in this case constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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