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(영문) 제주지방법원 2018.04.17 2018고단8
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around December 14, 1997, at around 13:39 on December 14, 1997, B, an employee of the Defendant, loaded a wruitrue ship with a 10 ton of more than 10 ton of the 11.35 ton of the 10 ton of the 2 storage of the C cargo vehicle on the ship on the Aluri National Highway of Pyeongtaek-do, Aluri-do, Aluri-do.

2. In the case where an agent, employee or other worker of a corporation commits a violation under Article 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), which is a legal provision applicable to the facts charged of this case, and Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), which is a legal provision applicable to the facts charged of this case

Article 47(3) of the Constitutional Court Act was retroactively invalidated on October 28, 2010 due to the Constitutional Court’s ruling such as 2010HunGa38 Decided October 28, 2010.

In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the case which was prosecuted by applying the relevant provisions shall be deemed to be a crime.

Thus, since the facts charged in this case constitute a crime, the defendant is acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act.

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