beta
Text
The defendant shall be innocent.
Reasons
1. Summary of facts charged
A. On July 21, 1995, 05: (1) around 05:43 on July 21, 1995, the Defendant’s employees A, with respect to the Defendant’s business, violated the restriction on the operation of the road management authority by operating B cargo trucks owned by the Defendant, while loaded more than 1.7 km at the Seoul Highway Corporation located at the point below the Seoul Highway, Seoul Highway Corporation, the 3.7 km point at the point below the Seoul Expressway, as of July 21, 1995, with respect to the Defendant’s business.
B. Around March 24, 1997, an employee C of the Defendant violated the restriction on the operation of a road management authority by operating a DNA vehicle owned by the Defendant as loaded with a 1.1 ton of 4 tons at a 27.5km branch office between the board of directors and the board of directors, around March 24, 1997, around 20:30 on March 24, 1997, in relation to the Defendant’s business.
2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) with respect to each of the above facts charged, and the defendant was prosecuted by applying Article 86 and Article 83(1)2 of the same Act, and the summary order subject to reexamination was notified and finalized.
However, after each of the above summary orders became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the corporation's business, a fine under the same Article shall also be imposed on the corporation," in Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005); and Article 86 of the same Act (amended by Act No. 7832, Dec. 30, 2005) that "a fine under the same Article shall also be imposed on the corporation," which is in violation of the Constitution (the Constitutional Court en banc Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Joint).
Thus, each of the above facts charged constitutes a case that does not constitute a crime.