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(영문) 수원지방법원 2017.06.19 2017고단3617

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was driven by A, who is his employee.

B 1.5 ton is an owner and a corporation established for trucking transport business.

A around 14:57 on December 8, 200, around the 19th line on the national highway 19th line located in the national highway located in Jinju-gun, Chungcheongnam-do. In order to preserve the structure of the road and prevent the risks of traffic, A used the said car truck to limit the operation of vehicles exceeding 40 tons in gross weight, 10 tons in a stable, 4 meters in height, 2.5 meters in width, and 16.7 meters in length, but operated the said car and truck with 11.12 tons in 2 axiss.

The Defendant caused A to commit such a violation with respect to his duties.

2. The prosecutor of the judgment shall also impose a fine under Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) with respect to the facts charged of this case where the agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in relation to the business of the corporation.

“The part of “” was applied.

Accordingly, on October 28, 2010, the part corresponding to the above provision of the law was ruled 14, 15, 21, 27, 35, 38, 44, 70 (merger) and was retroactively invalidated.

3. Accordingly, inasmuch as the instant facts charged do not constitute a crime, a judgment of innocence shall be rendered in accordance with the former part of Article 325 of the Criminal Procedure Act.