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(영문) 의정부지방법원 2015.11.18 2015고단4031
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was that the Defendant had his employee B drive the C Truck on November 13, 1993, and around December 13:30, 1993, the Defendant violated the restriction on the operation of the vehicle by the road management authority by operating the 12t cargo loaded with the 12t and 3 12t cargo at the Jinchi Office located in the Namyang-gun, Namyang-gun, Namyang-gun, Namyang-gun, Jin-gun, Jin-gun.

2. The prosecutor applied 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; hereinafter the same) to a summary order concerning the facts charged in the instant case, and the summary order subject to retrial was notified and confirmed.

On December 29, 2011, the Constitutional Court rendered a decision (the Constitutional Court Order 2011HunGa24, Constitutional Court Order) that "if an agent, employee, or other servant of a corporation commits an offence under Article 84 subparagraph 1 of the former Road Act in connection with the business of the corporation, the corporation shall also be punished by a fine under Article 84." This provision is retroactively null and void pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of not guilty under the former part of Article 325 of the Criminal Procedure

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