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(영문) 부산지방법원 동부지원 2012.12.26 2012고단4391

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On August 22, 2001, the Defendant violated the restriction on vehicle operation by a road management authority by loading and operating freight exceeding the limited storage weight of freight vehicles owned by the Defendant in relation to the Defendant’s business at the vicinity of the business site of the Korea Highway Corporation at a point of 79.1km in Seoul, which is located in the Guro Expressway, at the Seoul Donwon Highway Corporation, along with the Defendant’s employees.

2. The part of 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), which is the applicable provisions of the facts charged in this case, "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which is subject to a fine under the relevant Article, of the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged)."

Therefore, the facts charged in this case constitute a crime and thus not guilty under the former part of Article 325 of the Criminal Procedure Act.