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(영문) 서울중앙지방법원 2019.06.26 2019고단1168
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around September 10, 1993, the summary of the facts charged, B, an employee of the Defendant, driven a C Truck owned by the Defendant, and operated the instant truck over the 11.2t out of the 2nd axis of the 11.2t on the upper line at a point of 423.5 km away from the Busan metropolitan line.

2. The Supreme Court Decision 201Hun-Ga24 Decided December 29, 201, rendered that Article 86 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) provides that “if an agent, employee, or other employee of a corporation commits an offense under Article 84 (1) with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, as well.” As such, the part of Article 47 (2) of the former Constitutional Court Act, which applies to the facts charged, has become null and void retroactively pursuant to the proviso to Article 47 (2) of the former Constitutional Court Act (Amended by Act No. 12597, May 20

Therefore, since the facts charged in this case constitute a crime, it is not guilty under the former part of Article 325 of the Criminal Procedure Act.

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