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(영문) 서울중앙지방법원 2015.10.23 2015고단6098
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Around November 8, 1993, around 13:59 on November 13:59, the Defendant violated the restrictions on vehicle operation of the road management agency by operating the vehicle at the first axis exceeding 16.02t, 22.13t of the CF vehicle owned by the Defendant in excess of 10t of the limitation on the load load weight of the CF vehicle owned by the Defendant with respect to the Defendant’s work.

2. In the Constitutional Court Decision 201Hun-Ga24 Decided December 29, 201, the Constitutional Court rendered a decision of unconstitutionality on the part that "if an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," which is retroactively invalidated under the proviso of Article 47 (2) of the Constitutional Court Act, which is applied by a prosecutor to the facts charged in this case.

3. According to the conclusion, the facts charged in this case constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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