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(영문) 대전지방법원 2021.01.21 2020고단5059
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the driver of CF, and the defendant is the corporation that owns the above truck.

B On January 27, 2003, around 16:38, the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office.

2. The former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which applies to the facts charged of this case, where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in relation to the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation.

“The portion was retroactively invalidated by the Constitutional Court’s decision of unconstitutionality (Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Joint) Decided October 28, 2010).

3. According to the conclusion, the facts charged in the instant case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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