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(영문) 서울동부지방법원 2013.10.17 2013고단2347
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On September 23, 1993, at around 23:02 on September 23, 1993, A, an employee of the Defendant, was in violation of the restriction on the operation of the vehicle by the road management authority by operating the 11.3 tons of the cargo loaded with B 10 tons of the cargo in the 10 tons of the 11.3 tons of the 10 tons of the 10 tons of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 1

2. The prosecutor charged the above charged facts by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) to the indictment.

However, on December 29, 2011, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an act in violation of Article 84 (1) of the former Road Act with respect to the business of the corporation, the corporation shall be fined in accordance with the Constitution" in Article 86 of the former Road Act, and the above part of Article 86 of the former Road Act shall retroactively lose its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

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

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