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(영문) 광주지방법원 2019.06.26 2019고단845
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is the owner of B truck, and at around 20:29 on September 12, 1993, C, an employee of the Defendant, violated the restriction on vehicle operation of the road management authority by carrying the freight of more than 1.3 tons exceeding 1.3 tons of 1.3 tons on the said truck at the Gwangju Control Office located at 159 kilometers' 159 kilometers' Modle point of the Southern Expressway Highway.

2. The Constitutional Court rendered a decision of unconstitutionality on December 29, 201 that "if an agent, employee, or other worker of a juristic person commits an offense provided for in subparagraph 1 of Article 84 in connection with the business of the juristic person, a fine provided for in Article 84 shall also be imposed on the juristic person in question in accordance with the Constitution" in Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 193, and amended by Act No. 4920 of Jan. 5, 1995) that applies to the facts charged in this case by a prosecutor in accordance with the decision of unconstitutionality on December 29, 201, the said provision of the same Act retroactively loses its effect in accordance with the main sentence of Article 47(3) of the

Thus, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is announced under Article 440 of the Criminal Procedure Act. It is so decided as per

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