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(영문) 대전지방법원 논산지원 2015.07.10 2015고단326

도로법위반

Text

The defendant shall be innocent.

Reasons

1. A summary of the facts charged is a corporation established for the purpose of trucking transport business, etc., which is a C17.5t truck owner.

On April 8, 2005, around 13:26 on April 8, 2005, the Defendant’s employees D violated the restrictions on the operation of the road management authority by driving the freight truck in front of the business office of the Seo-gu, Seo-gu, Busan, the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, with the freight of at least 1.31t on the 4 livestock.

2. The judgment prosecutor instituted a public prosecution on the facts charged of this case by applying Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005; hereinafter “Act”).

However, in Article 86 of the Act, where an agent, employee, or other servant of a corporation commits an offence provided for in Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine provided for in the corresponding Article in the Act shall also be punished by the Constitutional Court Decision 201Hun-Ga38 Decided October 28, 2010.

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.