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(영문) 대전지방법원 2015.04.30 2015고단736

도로교통법위반

Text

The defendant shall be innocent.

Reasons

1. On September 26, 1994, at around 02:37, the Defendant was the owner of A truck, and around September 26, 1994, the Defendant violated the restriction on operation by loading freight of at least 13.240 tons on the 2 axis, 13.240 tons, 13.240 tons, and 13.240 tons on the 3 axis, and operating the said vehicle.

2. The judgment prosecutor applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); and the punishment of a fine of KRW 200,00 was finalized by a summary order subject to review but, in Article 86 of the same Act, “if an agent, employee, or other employee of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article,” in Article 86 of the same Act, the portion that “if the agent, employee, or other employee of the corporation commits a violation under subparagraph 1 of Article 84, the corporation shall also be punished by a fine under 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.