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(영문) 전주지방법원 2016.10.14 2016고단1037
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On December 11, 1993, at around 4:11, 1993, the Defendant’s employees A, with respect to the Defendant’s duties, loaded 11.3 tons of freight truck vehicles at the 2 axis of the B truck vehicle in front of the Mancheon-gun, Man-gun, Man-gun, Man-gun, Man-gun, Man-si, 1004 Line Man-si, and operated the vehicle with more than 1

2. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993 and amended by Act No. 4920, Jan. 5, 1995) which is the applicable provisions of the facts charged in this case, "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 relevant Article shall also be imposed on the corporation." The Constitutional Court Order 2011Hun-Ga24, Dec. 29, 201, and Article 47 (3) of the Constitutional Court Act, which are applicable provisions of the facts charged in this case, was retroactively invalidated.

In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be deemed to be a crime.

Thus, since the facts charged in this case constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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