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(영문) 대전지방법원 2013.04.26 2013고단1164

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck. On May 26, 2003, at around 20:24, the Defendant violated the restriction on operation by loading a total weight exceeding 44.56 tons and operating the said vehicle with a total weight exceeding 40 tons at the front of the Ansan-si, Andong-si, Andong-si.

2. The judgment prosecutor instituted a public action in accordance with Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), and the sentence of a fine of KRW 1,00,000 is finalized by a summary order No. 2003 high-ranking31472 of Dec. 19, 2003, but Article 86 of the above Act 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, the corresponding fine of Article 83(1) shall also be imposed on the corporation, which shall be imposed on the corporation, by the decision of the Constitutional Court that this part shall retroactively lose its effect.

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.