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(영문) 서울남부지방법원 2016.09.08 2016고단3651
도로법위반
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is a corporation established for the purpose of mid-term leasing business, etc. The defendant's employee B violated the restriction on vehicle operation by the road management authority, on June 2, 1993, on the part of the defendant's business, by loading freight of 12.2 tons of C 15 tons of dump 14.2 tons of dump 14.2 tons of dump 3 tons in front of the movement of dump dump dump dump dump dump, dump dump

2. The judgment prosecutor, applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Oct. 4, 1993; Act No. 4920, Oct. 4, 1993; Act No. 4579, Oct. 4, 1993; Act No. 4578, Oct. 10, 200) to the

However, after the above summary order became final and conclusive, Article 86 of the above Act provides that "where an agent, employee, or other servant of a corporation commits an offence provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the corresponding Article shall be imposed on the corporation, the corporation shall also be imposed on the violation of the Constitution (Supreme Court Order 201Hun-Ga24 Decided December 29, 201). The provision of the above Act, which is the applicable provisions of the facts charged, has retroactively lost its effect due to the decision of unconstitutionality.

3. According to the conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the defendant shall be acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant shall be announced in accordance with Article 440 of the Criminal Procedure Act, and

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