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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단127

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck, and the employee B violated the restriction on operation by carrying a total weight of more than 11.6 tons at a point of 119 km from a point of 119 km in order to maintain and maintain the South-Nam Highway located in Jung-dong, Jung-dong, Jung-dong, Jung-dong, Jung-dong, Jung-dong, at around July 23:03, 1995 with respect to his duties.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), where a fine of 500,000 won was determined by a summary order No. 95 high-class1874 of Sept. 26, 1995, but where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 of the same Act in Article 86 of the same Act, the portion that "if the agent, employee or other employee of the corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, the corporation shall be punished by a fine under Article 201Hun-Ga38 of Oct. 28, 201 is retroactively null and void.

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.