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(영문) 대전지방법원 2015.04.17 2015고단654

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On October 9, 1996, the Defendant violated the restrictions on operation by loading freight exceeding 46.2 tons of total weight on the road, front of the entrance entrance of the access road to the Guri-si Highway at the Guri-si, Mari-si, Mari-si, Mari-si, around 20:55 on October 9, 1996, and operating the said vehicle.

2. The part of Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005) that "if an agent, employee, or other worker of a corporation commits an offense as prescribed in Article 83(1)2 with respect to the business of the corporation, a fine of KRW 500,00 has become final and conclusive due to the summary order subject to review, but Article 86 of the same Act that "if the agent, employee, or other worker of the corporation commits an offense as prescribed in Article 83(1)2 of the Act, the corporation shall also be punished by a fine as prescribed in 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.