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(영문) 대전지방법원 2013.04.26 2013고단1368

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck, and the Defendant did not comply with the A truck’s business of B, at around 06:54 June 23, 1994, with respect to his/her employees, in the area of the mountain field of the YYYYYYYYYYYYYYYYYYYYYYYYYYY.

2. The judgment prosecutor applied Article 86 and Article 84 subparagraph 2 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); and the sentence of a fine of KRW 500,00 was finalized by a summary order of September 7, 1994 by the court; however, Article 86 of the above Act provides that "where an agent, employee, or other employee of a corporation commits a violation under subparagraph 2 of Article 84 in connection with the business of the corporation, a fine under the pertinent Article shall be imposed on the corporation, as well, is imposed on the corporation, and the part of the Constitutional Court Order No. 2012Hun-Ga18, Oct. 25, 2012 is retroactively invalidated.

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.