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(영문) 광주지방법원 2014.10.31 2014고단3671
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is that, around 18:46 April 21, 1998, an employee of the defendant violated the restriction on the operation of the vehicle of the road management authority by operating B cargo loaded with the cargo to ensure that the weight of the 1 livestock of the 1 livestock exceeds 1.19 tons and the weight of the 3 livestock exceeds 0.1 ton of 10.1 ton of the restricted livestock weight at the front of the examination site of the restriction on the operation of the Jindo-gun, Jindo-gun, the area of the vehicle of the 1 livestock located in Jindo-gun, Jindo-gun, Jindo-gun, the area of the vehicle of the 1 livestock

However, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions to the facts charged in this case, provides that "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation." The Constitutional Court decision 2010Hun-Ga38 of Oct. 28, 2010 and the proviso of Article 47 (2) of the Constitutional Court Act, which is the applicable provisions to the facts charged in this case, has retroactively lost its effect.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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