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(영문) 대전지방법원 2013.08.20 2013고단2939

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On August 20, 1993, at around 04:25, the Defendant was the owner of a truck A, and around August 20, 1993, the Defendant violated the restriction on operation by loading a cargo of 11.3 tons on the 4 livestock shed, exceeding 10 tons of a stable weight, at the front of the Daejeon Highway Corporation's business office, and operating the said vehicle.

2. The judgment prosecutor applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); and the punishment of a fine of KRW 500,00 was finalized by a summary order subject to review but, in Article 86 of the same Act, “if an agent, employee, or other employee of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article,” in Article 86 of the same Act, the portion that “if the agent, employee, or other employee of the corporation commits a violation under subparagraph 1 of Article 84, the corporation shall also be punished by a fine under the corresponding Article.

Therefore, the facts charged in this case constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.