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(영문) 서울중앙지방법원 2018.07.11 2018고단3108
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On February 22, 1994, the summary of the facts charged is that the Defendant, an employee of the Defendant, loaded freight exceeding 1.6 tons and operated the said vehicle in excess of 1.6 tons, thereby violating the restriction on the operation of the vehicle of the road management agency, at the place of business south of the road traveling along the old-ri Highway, at around 16:42 on February 16, 1994.

2. The former Road (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995) which is a legal provision applicable to the above facts charged, where an agent, employee or other worker of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation.

The Constitutional Court Decision 2013Hun-Ga25 Decided November 28, 2013 and Article 47(3) of the Constitutional Court Act became retroactively null and void.

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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