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(영문) 창원지방법원 통영지원 2013.03.27 2012고단1007
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On March 31, 1994, at around 19:16, the Defendant, as an employee, violated the restriction on the operation of a vehicle by a road management authority, by carrying freight on B in front of a mobile inspection station located in the principle of the Seodaemun-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and the 13.9 tons and 14.1 tons of a limited weight exceeding 10 tons of a limited weight.

2. As to the facts charged in the instant case, the prosecutor charged a public prosecution by applying Articles 86, 84, and 54(1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995; a summary order of KRW 500,000 was notified and finalized 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 84 (1) in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation," which is in violation of the Constitution (Supreme Court Order 201Hun-Ga24 Decided December 29, 201). In accordance with the above decision of unconstitutionality, the provision of the above Act, which is applicable provisions of the facts charged, retroactively loses its effect.

3. According to the conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of the defendant is publicly notified pursuant to Article 58(2)

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