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(영문) 서울동부지방법원 2015.01.13 2014고단3928
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) around 21:00 on June 2, 1994, at a point where the 26.8 km of the upper parallel line between the Gyeonggi-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

2. The prosecutor charged the facts charged in this case by applying Articles 86, 84 subparag. 1, and 54(1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995). The Constitutional Court rendered a decision that "if an employee of a corporation commits a violation under Article 84 subparag. 1 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," in Article 86 of the same Act, that "if an employee of the corporation commits a violation under Article 84 subparag. 1 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," which is in violation of the Constitution (the Constitutional Court Order 2011Hun-Ga24, Dec. 29, 201).

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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