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(영문) 대전지방법원 2014.03.25 2014고단268

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On July 28, 2007, at around 18:09, the Defendant was the owner of a truck A, and around July 28, 2007, the Defendant violated the restriction on operation by loading a total weight of 44.16. tons of freight and operating the said vehicle in excess of a total weight of 40 tons at the lower-dong and lower-dong department of the Korea Highway Corporation.

2. The part of Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; and Article 83(1)2 of the former Road Act (amended by Act No. 8976, Feb. 1, 2008; Act No. 900, Feb. 26, 2000) that "if an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2 with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article," which states that "if the agent, employee, or other employee of the corporation commits an offense,

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.