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(영문) 서울중앙지방법원 2015.04.09 2015고단1253
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On July 25, 1995, around 11:33, the defendant violated the restrictions on the operation of vehicles of the road management agency, by operating the freight loaded on the 4 livestock 11.3t in excess of 10t of the limitation on the load weight of B freight cars owned by the defendant in relation to the defendant's business.

2. In the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010, the Constitutional Court ruled that “When an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, the said corporation shall also be punished by a fine under the relevant Article” in Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) that the prosecutor applied the facts charged in the instant case, the Constitutional Court ruled that “if the agent, employee or other worker of the corporation commits a violation under Article 83(1)2 with respect to

Accordingly, the above provision of the law was retroactively invalidated in accordance with Article 47(3) of the Constitutional Court Act.

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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