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(영문) 창원지방법원 2014.02.03 2014고단99
도로법위반
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The facts constituting the crime of this case (retailing the suspect as the defendant) are as shown in the annexed criminal facts of this case.

2. A public prosecutor was prosecuted by applying Article 86 and Article 83 (1) 2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008) to the above facts charged. However, the Constitutional Court rendered a decision on July 30, 2008 that "if an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 of the former Road Act with respect to the business of the corporation, a fine under Article 86 of the former Road Act shall also be imposed on the corporation retroactively according to the decision on unconstitutionality of Article 86 of the former Road Act."

Therefore, since the above facts charged constitute a case that does not constitute a crime, it is judged not guilty under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced under Article 440

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