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(영문) 서울남부지방법원 2016.04.29 2016고단1217
도로법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is D driver, and the defendant is a corporation that employs C, while the National Road Management Agency has restricted the passage of more than 10 tons of vehicles under the c to preserve the road structure and prevent traffic danger, C around August 24, 1998, loaded the sloping beam on the above vehicle at the 119 km branch office located on the 119 km branch office of the Gyeong Highway and operated in Seoul from the new sloping to the 11.1 ton of the 4 axis, thereby violating the road management agency’s traffic restriction.

2. The Constitutional Court Decision 201Hun-Ga24 decided December 29, 201, which decided on the Constitutional Court Decision 2011Hun-Ga4, was amended by Act No. 4545, Mar. 10, 1993; and it was amended by Act No. 4920, Jan. 5, 1995) Article 86 of the former Road Act, which applied by a prosecutor to the facts charged in this case, "where an agent, employee or other worker of a corporation commits an offense provided for in subparagraph 1 of Article 84 with respect to the business of the corporation, the corporation shall also be punished by a fine provided for in the corresponding Article.

“The Court rendered a decision of unconstitutionality on the part above, and thereby, the said provision of the law was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

3. If so, the instant facts charged constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is publicly announced pursuant to Article 58(2) of the Criminal Act.

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