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(영문) 광주지방법원목포지원 2020.09.18 2020고단1048
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The defendant is the owner of C15 tons dump truck, and the driver D of the above vehicle, who is an employee, operated the above vehicle with more than 1.80 tons per one wheels, even though he was not allowed to carry more than 5 tons per 1.80 tons of the above vehicle at the front 11:17 on June 1, 1993, the front-nam-gun, the front-gun, the front-nam, the front-nam, the front-gun, the front-gun, the front-gun, the front-gun, the front-gun, the front-gun

2. As to the above charged facts, the prosecutor charged a public prosecution by applying Articles 86, 84 subparag. 1 and 54(1) of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995).

On December 29, 2011, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an act of violating the provisions of Articles 81 through 85 in connection with the business of the corporation, the corporation shall also be fined in accordance with the provisions of Article 86 of the former Road Act."

Therefore, according to the above unconstitutional decision, the above legal provision, which is the applicable provisions of the facts charged, was retroactively invalidated.

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

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