logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2015.07.14 2015고단214
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged by the Defendant, at around 19:50 on November 2, 1994, the Defendant violated the restriction on the operation of the vehicle by operating the freight in excess of the loaded load at the above location around November 18:29 on November 18, 1994.

2. As to the facts charged in this case, the public prosecutor instituted a public prosecution by applying Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) that "if an agent, employee or other worker of a corporation commits an offense under Article 84 (1) with respect to the business of the corporation, a fine under the pertinent Article shall be imposed even on the corporation," and the summary order subject to review was notified and finalized.

However, after a summary order subject to review becomes final and conclusive, the Constitutional Court rendered a decision that the above part violates the Constitution (the Constitutional Court Order 201Hun-Ga24 Decided December 29, 201), and the above part was retroactively invalidated pursuant to Article 47 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.

arrow